LAW-8157 The Law of Democracy: Comparative Constitutions
This course is designed to explore questions about the role and purpose of national constitutions, and to examine the considerations, historical and political, that go into the drafting of these constitutions. A course objective is to familiarize students with the range of national constitutions around the world, comparing them to see how they function within different legal systems and what their various strengths and weaknesses. We will look at problems in our own US Constitution; the uncodified British Constitution; theocratic and authoritarian constitutions; as well as exciting modern constitutions, such as the post-apartheid South African Constitution. Does a successful constitutional regime have to contain certain set elements? Must national constitutions reflect international human rights law? What causes particular national constitutions to flourish or disappoint over time? How easily should national constitutions be able to be amended? The objective in the class is not to read abstract or theoretical discussions on such topics as whether it is worthwhile to compare constitutions with one another. The course design takes for granted that this is a useful exercise. Students are encouraged to grapple with the actual texts of other nations constitutions, and to read carefully selected articles and book chapters (posted on Blackboard) concerning how these constitutions are faring in their task of delivering a stable and productive legal framework to the citizens of their respective countries. Course grade will be based on class participation and final presentation, followed by a research paper on the topic of the presentation. Students should choose a national constitution to research and write about, noting something particularly positive or negative about that constitution. It could be that the chosen constitution protects civil rights particularly well, or leaves certain key protections out, or has a poor system for ensuring judicial independence. The final research paper can be used to fulfill the legal writing requirement, if the student meets all of the legal writing requirements with the research paper. The expectation is that students will complete the course with a better understanding of the cultural and ideological choices that go into the making of any given national constitution.