Introductory description

Comparative constitutional law has become an exciting - and growing - area of law. Across the globe, constitutional courts are making ground-breaking decisions on controversial legal issues like hate speech, "obscene" pornography, abortion, physician-assisted suicide and social welfare rights. This module will cover these (as well as other) topics which arise in the comparative study of constitutional systems. In the process, we will consider different jurisdictions, extending beyond Europe and North America to often-overlooked constitutional systems in Latin America, Africa and Asia. And we will do so by situating those constitutional systems in their broader social, economic and historic contexts.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

Introduction to Comparative Constitutional Methodology
Models of Constitutionalism, Constitutional Systems and “Migration” of Ideas
Institutional Arrangements
Models of Constitutional Review
Mechanisms for Constitutional Change
Approaches to Protecting Minority Groups
Freedom of Expression and Hate Speech, Pornography
Right to Life and Abortion, Physician-Assisted Suicide
Positive Social Welfare Rights

Learning outcomes

By the end of the module, students should be able to:

• Explain in-depth current developments relating to the areas studied in the module in a variety of constitutional systems
• Demonstrate full knowledge of comparative constitutional law methodology, including what can be learned from a comparative study of constitutional systems
• Think systematically about constitutions, different structures for organising governments, and the varying roles which courts (and constitutional law more broadly) can play
• Understand and critically evaluate the different approaches to constitutional law across systems (including models of constitutional review, mechanisms for constitutional change, and approaches to protecting minority groups and rights)
• Demonstrate enhanced research and writing skills, including analytical skills and the ability to construct and substantiate a comprehensive scholarly argument
• Demonstrate enhanced discussion and communication skills, including the ability to work collaboratively with others.

Indicative reading list

• Ran Hirschl, Comparative Matters: The Renaissance of Comparative Constitutional Law (OUP 2016) [especially re: comparative constitutional methodology]
• Andras Jakab, Arthur Dyevre and Giulio Itzcovich (eds), Comparative Constitutional Reasoning (CUP 2017) [especially re: comparative constitutional methodology]
• David Law, Constitutionalism in Context (CUP 2019 forthcoming) [especially re: models of constitutionalism, constitutional systems, and the “migration” of ideas]
• Tom Ginsburg (ed), Comparative Constitutional Design (CUP 2012) [especially re: institutional arrangements and models of constitutional review]
• Michel Rosenfeld and Andras Sajo (eds), The Oxford Handbook of Comparative Constitutional Law (OUP 2013)
• Tom Ginsburg and Rosalind Dixon (eds), Comparative Constitutional Law (Edward Elgar 2011)

Subject specific skills

No subject specific skills defined for this module.

Transferable skills

No transferable skills defined for this module.