JPJ2041H1S L0101

Undergraduate Course Code: LAW500H1S L0101

Constitutional Design for Divided Societies

Themes

This course combines law and political science to explore the theory and practice of constitutional design and reform
in a comparative context. It will focus especially on recent efforts at constitution-making, successful and unsuccessful, in postconflict
societies and in developing countries. It will examine the economic, social and political context for constitution-making;
the processes, institutions and actors involved; the character of constitutional choices in terms of bills of rights, courts,
executives and legislatures, electoral systems, federalism/devolution; and the consequences of these choices for democracy, good
governance and the management of conflict in divided societies. The first half of the course will focus on the comparative and
theoretical literature. In the second half, small student teams will present the results of case study research on recent notable
cases, which may include Iraq, Sudan, South Africa, Sri Lanka and Nepal. The course will be interdisciplinary, and taught by
colleagues in law and political science.
The course has obvious relevance for students in political science and law, given the continuing importance of constitutionmaking
in many parts of the world, and the involvement of international NGOs in these processes. The subject is also central to
the on-going research interests of the three instructors. All three have been, and remain, involved in the cases to be studied, thus
bringing practical experience into the classroom.