Comparative Constitutional Law

Corrado section: We will be concentrating on the countries of western Europe, especially those that have taken the lead in constitutional theory. You may want to focus on other countries later on, but in this course we are dealing with the basics, and that means western Europe. Each of you will be assigned one of the major jurisdictions: Britain, France, Germany, Italy, the EU. (I hope to allow each of you to choose your country, but some may be more popular than others and some negotiation may be necessary.) Starting from the material in the two books you will purchase for the course (my book on comparative constitutional review, and a book on the British constitution), I will ask each of you to do two or three short presentations on your jurisdiction, researching recent developments. You will also research and write a twenty to twenty-five page paper on some constitutional issue in the country you are assigned. The grade for the paper will be based upon research effectiveness and thoughtful use of the material your research produces.

Crayton section: Imagine for a moment that all the rules and doctrines that you learned in American Constitutional Law were applied in an emerging democracy. At least a few difficult structural questions should immediately come to mind. For instance, does it make sense to transplant all of the constitutional rights that exist in America to this emerging country? Should the judges who interpret what any given right means apply a specific method of interpretation? Should the constitutional holdings of courts in other nations with similar rights have any influence? Do the emerging nation's special social and political circumstances leading to the drafting of the constitution make a difference? This seminar explores such questions by examining the system of constitutional law from a comparative perspective by examining the experiences of two emergent "states" - The Republic of South Africa and the European Union.

Corrado section:
The course may not be taken twice for credit; in particular, it is not open in the spring to students who have taken it in the fall.

Crayton section:
First Amendment, Federal Courts and/or Civil Rights are helpful but not necessary.

Corrado section:
Mandatory: None. Recommended: Comparative Law

Crayton section:
Mandatory: Constitutional Law