KAFP 6405 - Comparative Constitutional Law

This course offers an in-depth theoretical and practical exploration of constitutions and their role

in shaping the political, legal, and social order of modern societies. It examines the diversity of

constitutional systems across the world, emphasizing how historical experiences, institutional

designs, and the transnational migration of constitutional ideas influence each other.

A central theme of the course is the study of democratic backsliding and its connection with

populism, two defining challenges of contemporary constitutionalism. We will trace the

post–Cold War transitions to democracy and the subsequent period of constitutional

retrenchment, marked by growing tensions between majority rule, rights protection, and the rule

of law. The course will also explore how different systems have attempted to respond—through

judicial review, institutional reforms, or new models of constitutional resilience.

Students will engage critically with core debates in comparative constitutional law: the nature

of political regimes, the role of the people in constitutional frameworks, amendment and

entrenchment mechanisms, and the impact of international and regional constitutional influences.

Finally, the course will conclude with a discussion of selected current challenges—such as

populism, elections, gender, emergency powers, and decolonizing constitutional law.

Midterm exam (30% of the final grade): reaction paper of maximum 1 page, summarizing

and reacting to the main argument(s) of one of the assigned readings for the first 4

sessions (at home assignment).

• Final exam (70% of the final grade): essay of maximum 3 pages, choice between two

topics, given by the instructors (in class assignment)

Weekly readings of approximately 50-60 pages.

Prepare debate questions for each week.