This course aims to provide an introduction to the enterprise of comparative constitutional law as a judicial practice and as a field of academic study. During this class we will compare, across different constitutional systems, issues of constitutional structure, judicial review, separation of powers, constitutional interpretation, constitutional amendments, and individual rights, among others. Additionally, the course will consider the different approaches that have been used to solve similar constitutional problems, with special attention given to equality, freedom of expression, religious freedom, and the recognition and adjudication of social and economic rights.
Joaquin VELEZ NAVARRO
Séminaire
English
Spring 2022-2023
The course will adopt an interactive methodology, by mixing the Socratic method based on prior readings and oral discussions, and small group debates.
The evaluation of the course will be based on continuous assessment throughout the semester, and a final exam. The grade will be distributed as follows:
(i) Class assignments and participation – 15%
The participation of each student in the discussions and debates throughout the seminar, as well as other assignments or exercises done in class, will account 15% of the final grade.
(ii) Oral presentation – 25%
Students will present one time during the semester. In the first class students will select their group and a class to present. The presentation shall include four (4) landmark cases in which courts have approached and solved the subject to be seen in the class they present. The cases must be in at least three (3) different jurisdictions. One day before the presentation, students must send to the professor's email a document containing an abstract of the decisions they will present. The presentation should last maximum thirty (30) minutes.
(iii) Midterm exam – 25%
On week 6 we will have a mid-term exam. The questions will aim to verify that you have understood and assimilated the key foundational materials and discussions of the class, up to week 5.
(iii) Final exam – 35%
The final exam will cover all the themes, readings and class discussions.
- OXFORD HANDBOOK OF COMPARATIVE CONSTITUTIONAL LAW (Michel Rosenfeld & András Sajó eds., 2012)
• Bruce Ackerman, Higher Lawmaking, in Responding to Imperfection: The Theory and Practice of Constitutional Amendment, 63-87 (Sanford Levinson ed., 1995)