Comparative Constitutional Law Seminar

2 units

Enrollment limit: . Drop deadline: 5:00pm the day after the first class meeting. The course will cover a series of topics arising in the comparative study of constitutional systems. In many countries in the world, constitutional law has become a booming, ambitious, politically alive field, through which courts with constitutional jurisdiction have become aggressive players in new forms of politics. We are witnessing (as various authors call it) the rise of world constitutionalism, the inevitable globalization of constitutional law, migration of constitutional ideas, constitutional engagement in a transnational era, global expansion of judicial power, governing with judges, or simply the creation of courtocracies. We will concentrate on the study and comparison of the constitutional law of the United States, Israel and other countries such as Canada and Germany. In the first part of the course, we will introduce and analyze basic questions of comparative constitutional law (CCL): What is CCL? Why to study it? Critiques of CCL? What is constitution and constitutionalism and the role of courts in the field? Substantial discussion will be devoted to the varying foundations and structures of judicial review of the constitutionality of law, e.g., how are courts that engage in constitutional review structured, how are their judges appointed, what is the source of their authority to engage in constitutional review. In the second part, we will examine and compare several case studies on constitutional protection of human rights, including: freedom of religion, freedom of speech, abortion, and equality and group rights. The third part of the course will explore recent trends in the field, especially the globalization and internationalization of constitutionalism, and conclude some conclusions about comparative constitutional law, the role of courts in constitutionalism, with some emphasis on the Unites States and the Israeli Supreme Courts. Through all critical discussions during this course we will try to reach some insights and conclusions on two main themes: First, the role of comparative study of constitutions and constitutionalism. Second, the role of courts in democracy. Regular class attendance and preparation are required. All students will be required to submit a research paper for assessment. Students are expected to read all assigned materials and be prepared for all classes. ABA Standard 310 requires not less than one hour of classroom or direct faculty instruction and two hours of out-of-class student work per week or the equivalent amount of work over a different amount of time for each credit hour awarded. This course is designed to meet this requirement, and each student is expected to spend on average no less than two hours of out-of-class time for each one hour of in-class time, per credit hour.