Constitutional supremacy and active judicial review – concepts that have long been major pillars of the American political order – are now shared, in one form or another, by over one hundred countries and several transnational entities across the globe. Consequently, constitutional law and courts have gained considerable political significance worldwide. This seminar offers a comparative examination of several core aspects of this global trend, and provides an opportunity for students to explore a topic of interest in that area. Instead of the traditional court-centric case law approach deployed in most comparative constitutional law classes, we will combine examination of comparative jurisprudence with exploration of new frontiers of pertinent legal and social science research concerning the origins and consequences of the worldwide expansion of constitutionalism and judicial review.
Class 1: Introduction
Class 2: What drives the spread of constitutionalism?
Class 3: The purpose and practice of comparative constitutional law
Class 4: The new constitutionalism and the democracy deficit
Class 5: State and religion
Class 6: Reproductive freedoms & LGBT rights
Class 7: Social and economic rights
Class 8: Transitional and restorative justice
Class 9: Constitutional Courts, elections, and high politics
Classes 10-11: Student presentations of outlines
Class 12: Summation and reflections
will be added by teacher at the beginning of the semester
lectures, reaction paper, final essay
65% final essay; 10% reaction papers; 10% final paper outline & presentation; 15% class participation
Language of instruction
Further comments (probably available only v češtině)
Class: Tuesday 15:05–16:35 (September 30 to December 17), Room No. 24.
Reading materials are available via the course IS.MUNI website.
Depending on student interest, a few additional materials, handouts, and court rulings may be distributed in class.