POL2801H1F L5101

Special Topics

Comparative Constitutionalism

Themes

Constitutional supremacy, a concept that has long been a major pillar of American political order, is now shared, in one form or another, by over 190 countries and several supra-national entities across the globe. Most of them have adopted a constitution or constitutional revision that contains a bill of rights and establishes some form of active judicial review, thereby empowering courts to determine the constitutionality of “ordinary” statutes and decrees. Consequently, high courts have become a central forum for dealing with core moral dilemmas, key policy-making challenges and contentious political questions. This global trend, which Canada joined with the adoption of the Constitution Act, 1982 (including the Charter of Rights and Freedoms), is arguably one of the most significant developments in late-20th and early 21st century government. Meanwhile, in younger polities, challenges related to the drafting of constitutions and establishing the authority and legitimacy of an independent judiciary occupy the political arena. In an increasing number of settings worldwide, the constitutional order itself is facing considerable challenges by religion, ethnic rifts, economic crises, security threats and political populism. This seminar offers an examination of various legal and political aspects of these broad trends, in particular the interaction between constitutional law and the political sphere worldwide. It combines the study of relevant constitutional texts and court rulings with exploration of pertinent political science research concerning the global expansion of constitutionalism and judicial review and its impact on politics and policy-making in Canada and abroad. Throughout the course, special emphasis will be given to pertinent features of the Canadian constitution and Canada’s contribution to the world of new constitutionalism. Evaluation will be based on participation, short comment papers, and a final paper