JPJ421H1F L0101
Graduate Course Code: JPJ2036H1F L0101
Comparative Constitutionalism: Rights and Judicial Review
Themes
In numerous countries and several supra-national entities around the globe constitutional reform has transferred an unprecedented mount of power from representative institutions to judiciaries. This constitutionalization trend has led to a global expansion of judicial power, the judicialization of moral quandaries and political controversies, and the re-emergence of debates over the democratic credentials of constitutionalism and the legitimacy of judicial review. The seminar examines these trends through an exploration of: i) the normative and political foundations of rights and judicial review; ii) patterns of convergence and enduring divergence in comparative constitutional rights jurisprudence; and iii) social science research concerning the origins and consequences of the worldwide expansion of constitutionalism and judicial review.
Texts
Comprehensive course packet.
Format and Requirements
One two-hour seminar session per week. Participants will be evaluated on the basis of attendance and participation in weekly discussions (20%), a short critical review essay accompanied by brief oral presentations in class (20%), a seminar presentation of the research project (15%), and a final paper of approximately 8,000 words (45%).
Preparation
Solid grounding in the constitutional system of Canada and/or other leading democracies is recommended.
Prerequisites
POL332Y1 / POL337Y1