Comparative Constitutional Law

This course compares issues of constitutional structure, judicial review, separation of powers, federalism, interpretive method, and regimes of rights adjudication across different constitutional systems. We will consider how constitutional designers and interpreters across diverse systems have approached similar problems, with special attention given to the law of anti-discrimination (including issues of sexual privacy and reproductive freedom), freedom of expression, national security, and recognition and adjudication of social and economic rights. We will also critically consider the enterprise of comparative constitutional law as a juridical resource and as a field of academic study. Regular engagement is expected of all students, to be facilitated by short response papers on the assigned readings at regular intervals. Class participation (including response papers) will factor strongly into student grades; the remainder will be an in-class exam.