Course | Columbia Law School

From theory to pragmatic compromise, questions of constitutional design are relevant not only to emerging political orders but also to established constitutional regimes under new pressures. This course will begin by engaging in classic jurisprudential debates -- what is a constitution and what is its purpose -- and will then look at some of the concrete elements included in constitutional design, such as judiciaries, bills of rights, and the advantages and disadvantages of federalism and federal structures. To understand the institutions and systems created by constitutions, the readings will focus on examples from a variety of constitutional regimes, including the U.S., India, the European Union, South Africa, and Canada. To draw together the various strands of theory and practice, the course will end with a case study on the new U.K. Supreme Court, delving into the reasons for its creation and analyzing whether a dramatic design shift is occurring in the United Kingdom.