KDEC 5035 - Comparative constitutional adjudication

G. TUSSEAU : This seminar introduces to the comparative analysis of constitutional justice. By focusing on the power the judges are granted when they are able to quash the actions of political majorities in the name of the constitution, it tries and understand the emergence of a new form of polity. Who exercises constitutional review, how and with what normative effects for the protection of fundamental rights and with what consequences for the traditional understanding of the separation of powers are among the questions that are addressed. As well as problems regarding the legitimacy of courts’ intervention in major societal debates (bioethics, minority rights, etc.), methodological discussions concerning comparative law, classification, constitutional interpretation, the interactions between national constitutional courts and supranational courts, and the strategic analysis of law are considered.

M. GREN & E. BOTTINI : This seminar course delves into the world of comparative constitutional adjudication. It offers a dual focus on the institutional structure of the courts and on the substantive societal issues streaming through case-law.

We will critically examine the composition and legitimacy of constitutional courts across various legal systems. Key questions will include: Who are the judges? Do these benches include female justices, justices from minority groups, or even foreign justices? Are they allowed to write separate opinions? These discussions will challenge the legitimacy of courts and explore how diversity (or lack thereof) impacts judicial decisions and public perception.

The course will also tackle substantive issues at the heart of constitutional adjudication. We will explore court decisions on a range of societal questions, including: reproductive and women's rights; nature's rights and the rights of future generations; election laws and their impact on democratic processes; minority rights and protections. By the end of the course, students will be equipped to critically assess the legitimacy and impact of constitutional courts, appreciate the diversity of judicial practices, and understand the dynamic interplay between law and society on a global scale.

Guillaume Tusseau : Continuous assessment : 100 % of the final grade. Participation to the debates in the classroom + final paper (4,000 words).

Marie Gren & Eleonora Bottini : 100 % of the final grade: oral presentation and participation to the debates in the classroom + final paper (4,000 words).

Readings for each course.