Comparative Constitutional Law

This course focuses on the comparative study of the structure and content of constitutional law, comparing the United States with western European civil law countries such as Germany, Italy and France, with other common law countries such as Canada, Australia, the United Kingdom, India and South Africa, with mixed systems such as Israel, and with Asia and Latin America. Topics will include such things as variations in the institutions and practices of judicial review; negative and positive constitutional rights; freedom of speech, privacy and equality; constitutional restrictions on private actors; federalism; and different approaches to national security. The course will consider issues involved in designing constitutional systems for new democracies, the possibility of exporting constitutional structures, and the usefulness of comparative approaches for American courts. No prior coursework or other background in constitutional law is required.