Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
262.5 sec. 001 - Comparative Constitutional Law (Spring 2021)
Instructor: Roy Peled
View all teaching evaluations for this course - degree students only
Grading Designation: Graded
Mode of Instruction: Remote Instruction
Th 10:00 AM - 11:50 AM
From January 21, 2021
To April 30, 2021
Course End: April 30, 2021
Class Number: 32146
Enroll Limit: 12
As of: 05/08 05:45 AM
How are fundamental rights -- freedom of speech and religion, equality, property, privacy, voting, due process --defined and protected in other constitutional democracies? How is judicial independence maintained? How are questions of standing, justiciability and remedies handled? And most importantly: what lessons can we learn from the constitutional experience of other jurisdictions? These questions will be at the heart of our foray into the comparative constitutional realm. Obviously, we will also be mindful of emergency powers and their impact.
Students will be offered the opportunity to examine and critically evaluate key features of constitutional jurisprudence in selected jurisdictions. Attention will be paid to methodology -- how do we compare? -- as well as to possible justifications (and limits) of the comparative enterprise. The course will then focus on the practical insights that can be drawn from the different separation-of-powers and rights-protection schemes modern democracies adopt. Obviously, we will also be mindful of emergency powers and their impact on rights and separation of powers with an eye to the relationship between constitutional law, markets, technology and politics. Students interested in public law adjudication, globalization and transnational regulation will therefore find the exercise useful.
Students are advised that while taking a prior course in constitutional law is not a prerequisite, it is recommended that students who have not studied the basic course in Constitutional Law, or have no experience with constitutional issues in the US or abroad, enroll in Constitutional Law concurrently.
Exam Notes: (P) Final paper
Course Category: International and Comparative Law
This course is listed in the following sub-categories:
Public Law and Policy
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Required Books are in blue
- Comparative Constitutionalism
Edition: 3rd 2016
Publisher: West Academic
e-Book Available: Yes
e-Book procurement note: https://www.westacademic.com/Dorsen-Comparative-Constitutionalism-Cases-and-Materials-3d-9781683281375
Copyright Date: To Be Determined
Price Source: user provided