LAWSG128 Comparative Constitutional Law

LAWSG128: COMPARATIVE CONSTITUTIONAL LAW
Credit value: 15 credits (7.5 ECTS, 150 learning hours)
Convenor: Silvia Suteu
Other Teachers: Jeff King
Teaching Delivery: 10 x 2-hour weekly seminars, Term Two
Who may enrol: Any UCL Master’s student
Prerequisites: None
Must not be taken with: None
Qualifying module for: LLM in Public Law
Introductory video Currently there is no introductory video for this module
Assessment
Practice Assessment: Opportunity for feedback on plan for final essay in individual and group feedback sessions
Final Assessment: One 3,000-word essay (100%)
Module Overview
Module summary:

This module will introduce students into the comparative study of constitutions, constitution-making and constitutional change. We will start with an examination of methodological questions such as why and what we compare and continue with a comparative exploration of institutional arrangements, models of rights protection, and mechanisms for constitutional reform. Readings will cover both influential jurisdictions such as the US, the UK, France, Germany, India, and South Africa, and what are often considered jurisdictions at the periphery, from Eastern and Central Europe, Latin America and the Middle East. We will look at both liberal democratic constitutions and what has been termed ‘authoritarian constitutionalism’. Running themes throughout the course will include: the interplay between constitutional law and politics and between constitutional and international law, tensions between constitutionalism and democracy, constitutions as documents enshrining fundamental values versus entrenching political compromise, and constitutions as the basis for the empowerment versus the suppression of citizens.

The weekly seminars are highly participatory. There will be occasional optional film screenings, as well as expert guest speakers coming from the practical world of constitution-building assistance.

Module syllabus:

Topics covered will include:

  • Comparative constitutional law methodology
  • Comparing systems of government: presidentialism, semi-presidentialism, parliamentarianism
  • Comparing territorial structures: unitary, federal and mixed states
  • Comparing rights protection: varieties of rights entrenchment
  • Comparing constitutional review models: ‘strong’ and ‘weak’
  • Constitution-making: experts, citizens, international actors
  • Constitution-making: post-conflict and post-authoritarian contexts
  • Constitutional change: amendment, replacement, revolution
  • Constitutions and their others: engendering constitutions
  • Implementing constitutions: mechanisms for enforcement and preventing backslide
Recommended materials:

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment.

Preliminary reading:

Optional readings include:

  • Ran Hirschl, Comparative Matters: The Renaissance of Comparative Constitutional Law (OUP, 2014)
  • Michel Rosenfeld and András Sajó (eds.), The Oxford Handbook of Comparative Constitutional Law (OUP, 2012)
  • Mark Tushnet, Thomas Fleiner, and Cheryl Saunders (eds.), Routledge Handbook of Constitutional Law (Routledge, 2013)
  • Vicky Jackson, Constitutional Engagement in a Transnational Era (OUP, 2013)