ADRO 22A10 - Contemporary Constitutional Law

This class considers how comparative constitutional law has influenced contemporary political institutions. As a starting point, we will examine the different ways in which the Constitution of the Vth French Republic has gained and maintained authority as the highest law of the land, despite apparent conflicts of sovereignty in a globalized world. Building on the analysis of the birth and evolution of political institutions, covered in the first-year course on comparative constitutional law, this second-year course will examine the underlying tensions within constitutional regulation, by exploring the concepts of constitutional identity, constitutional legitimacy, and constitutional efficiency in modern constitutional practice around the globe. We will question the role of the Constitution of the French Vth Republic in this comparative context, which is particularly important to students wishing to engage in effective careers of politics and government in an era of ever increasing popular contestation of State-centered regulation. The first four lectures compare the strengths and weaknesses of divers constitutional mechanisms in implementing the identity of a nation or a people, both institutionally (horizontal separation of powers) and geographically (vertical separation of powers). The four seminars corresponding to the lectures will confront the analysis gleaned from the ongoing French experience of the Vth Republic, as applicable to contemporary constitutional issues raised by fourth wave democracies following the Arab Spring (Tunisia, Egypt, Libya will be recurrent but non-exclusive examples) as well as to the evolution of constitutionalism in Asia (China, Japan, India). Special attention will be given to the notion of constitutionally regulated secularism in an increasingly non-secular world (Egypt, Turkey, Lebanon). The second part of the course (lectures 5-8) will approach the problem of long-term legitimacy of contemporary constitutions. To do so, we will confront divers constitutional practices to that of the Constitution of the Vth Republic, examining their political and legal adaptation to new forms of participation and representation (citizens in the electoral process, the “elected monarch” and the government, evolution of political parties, the legislative process, constitutional amendment, gender, minorities, lobbies...), and the effect and role of widened judicial review. The four corresponding seminars will consider how jurists across different systems (namely the United Kingdom, Ireland, Russia, United States, Germany, South Korea, India) have interpreted and implemented similar mechanisms. The final four sessions (lectures 9-12) will challenge the efficiency of modern constitutions, confronted with the expanding role of international law and supranational judicial bodies, notably in the area of rights adjudication and governmental regulation. The four corresponding seminars will then focus on current challenges to constitutional principles by regional law (European Union, Council of Europe) and international law, emphasizing the ambiguities of constitutional regulation of fundamental rights in the age of information technology and global terrorism. Depending on the evolution of the sanitary crisis, a hearing before the French Constitutional Council in Paris will enable students to observe an interpretive method hands on, and a conference-debate with a guest expert will illustrate the practical influence of comparative constitutional law on modern constitutional design.

Gretchen ALLEN-MESTRALLET,Pierre-hugues BARRE,Antoine SIFFERT

Cours magistral et conférences

English

Autumn 2022-2023

To validate the course, the student is expected to pass the following assignments: 1/ 2/3 of the final grade is comprised of three equal marks obtained in seminars: One 8 minute individual essay, presented orally and followed by 7 minutes of questions by the seminar instructor (see instructions for essay format hereafter page 6; 1/3 of the seminar grade; dates for the presentation will be assigned during the first seminar, but topics will be given by seminar instructor one week prior to the presentation, so as to maintain equality among all students. A brief introduction, critical issue, thesis, outline of the essay and bibliography (ten published works) must be sent by email to your seminar instructor the day before the seminar at 7:00 pm at the latest), One written group text or case commentary followed by questions by the seminar instructor (see instructions for text and case commentary format hereafter page 6; 1/3 of the seminar grade; same rules on topic assignments and deadline as for the essay). The text commentary or case study is a group project of 2 – 4 students, maximum 2000 words not counting footnotes and bibliography (minimum 10 published references); times new roman 12; spaced 1.5. The seminar instructor will upload the group commentary to the class Drive or Moodle at 7:00 pm the day before the seminar. ALL students are expected to have read the commentary. The seminar instructor will first ask specific questions of the group that wrote the commentary, and will then proceed with further questions to other students regarding a critical analysis of their colleagues' commentary. One three-hour midterm examination (essay or text commentary: 1/3 of the seminar grade) 2/ 1/3 of the final grade: final examination (three hours, essay or text or case commentary)

The course will be divided into 12 two-hour lectures and 12 two-hour seminars. Power points and course outline will be available on Google Drive or MOODLE prior to each lecture. Power points and seminar documents should be studied before each lecture, allowing students to present pertinent questions and debate when called upon during the lecture (depending on the sanitary crisis), or on the class forum (class online), and then to debate efficiently during the following seminar. Weekly seminars will follow the lectures, and include both practical (case studies and commentaries) and theoretical (essays and debates) exercises. The workload has been designed to allow students to master key questions and key terms on the seminar syllabus, as well as thoroughly comprehending each of the seminar documents. Required readings for the seminars are all on Google Drive or Moodle, and we highly encourage students to read them each week, not only the week in which they are assigned a given exercise. This class builds on the level one class on Political Institutions and Comparative Constitutional Law. You must therefore review any points not clearly understood last year before the class. If you are given a text to comment, that was already covered in the level one class, you will therefore be expected to add the concepts and cases learned in the second level class when constructing your argumentation. The texts to comment are aimed at preparing you for the length of a text you might comment in the final exam. In each essay, you must make sure to demonstrate that you have mastered both material from the level one and the level two class. At the end of the course, the student is expected to: Be able to present a critical analysis of current doctrinal developments regarding the conception, implementation, and efficiency of constitutional provisions of the French Vth Republic. Be able to build on said analysis to propose precise measures of Constitutional design for other longstanding or new political regimes. Have mastered argumentative techniques as implemented in essay form (dissertation) and in text commentary, and in so doing referring to class lectures, readings, and seminar texts.