Section Description Provided by Instructor
This course probes the phenomenon that are constitutions by appreciating their formation, endurance and even demise in emerging and established post conflict democracies. It examines countries like India, Pakistan, Nepal, Egypt, Tunisia, Libya, Iraq and Afghanistan. What accounts for the differences in their experiences with enduring constitutionalism? By engaging four critical constitutional making choices - the constitution-making processes, fabric of the founding political parties, the role that the judiciaries adopted and the ways in which the militaries were ‘coup proofed’- this course attempts to understand why democratic constitutionalism endured in some divided societies and not in others.
What must a constitution do? Must it enable peace? Or should be prevent partition of the country? Is a constitution made in waves spread across regimes, movements, histories and time? Or is it a finite special law making process that has a definite beginning and an end? What are strategically appropriate constitution-making methodologies for post conflict, feudal societies?
The seminar will use a multi-prong methodology – deploying scholarly writings as well as contemporary reportage to examine the creation of constitutionalism in various countries. It will also have select guest talks by practioners and experts to complement classroom conversations. Students will submit response papers over the seminar and one major paper.
T 4:20-6:10 pm
Method of Evaluation
J.D. Writing Credit
Minor (automatic), Major (only upon consultation)
LLM Writing Project
Learning Outcome Goals
- The creation of constitutions and institutions like constituent assemblies, parliaments, judiciaries, and military, as well as major policy concerns.
- The course aims to appreciate the historical development of constitutions, constitutional values, the law, and legal institutions
- At the end of the course, students will have acquired understanding of and/or facility in judicial, legislative and/or administrative processes
- At the end of the course, students will have acquired understanding of and/or facility in values-based considerations in law-making
- At the end of the course, students will have acquired understanding of and/or facility in the historical development of law and legal institutions
- At the end of the course, students will have acquired understanding of and/or facility in use of other disciplines in the analysis of legal problems and institutions, e.g., philosophy; economics,other social sciences; and cultural studies
- At the end of the course, students will have acquired understanding of and/or facility in the influences of political institutions in law
- At the end of the course, students will have acquired understanding of and/or facility in comparative law analysis of legal institutions and the law