Course Descriptions

Fall 2012 Class Descriptions

Global Constitutionalism (Iddo Porat)

2 credit(s)
Concentration(s): LLM in International Law (LLMI), International Law (JD), International Law (LLMC)
Prerequisite(s): Constitutional Law I

Constitutional law is increasingly becoming a shared enterprise which transcends the borders of the nation-state. Supreme Court Justices correspond with each other in their judicial opinions, draw upon each others work, and share similar jurisprudential frameworks. In addition constitutional law in many countries has increasingly converged upon a similar template. This template includes a robust form of judicial review, a two-step rights protection system (consisting of a rights protection clause, and a limitation clause, which limits rights) and a standard-based doctrine, such as balancing or proportionality, for the adjudication of rights conflicts. While in many respects America is the birth place of constitutionalism and the driving force behind its global success, its own constitutional law stands apart from this common template and resists attempts at constitutional borrowing and influence. The course will review the different aspects of global constitutionalism, show how American constitutional law differs from the global template and review the historical and ideological reasons for this difference. The course will also discuss the fundamental questions that are raised by global constitutionalism regarding the nature of constitutional law and of constitutional rights. The grade will be based on a final examination. Prerequisite: Con Law I

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