The comparative approach to studying constitutional law is now the dominant approach. As such, it has generated a very substantial literature as theories of constitutional government are developed, refined, challenged and tested against actual constitutional practice.
This course explores the methodology and substance of comparative constitutional law. Attention will be given to several constitutional schemes including those of the United States and the United Kingdom, which have historically served as models for constitutional structures in many jurisdictions. Time will also be devoted to New Zealand’s distinctive constitutional arrangements and constitutions from other parts of the Commonwealth.
The course will have an emphasis on constitutional theory. A strong grounding in theory from key the secondary literature is critical to understanding constitutionalism in context. In adopting this comparative approach, students will also be expected to develop a sophisticated sense of how to read relevant primary materials, such as constitutions and key political documents, and an understanding of constitutional decision-making by courts and other actors.
The framework for analysis will include questions as to what the phenomenon of constitutionalism is, and how and why it is deployed in theory and practice. This will allow for an analysis of the vastly different constitutional arrangements that govern the relationship between the state, society and citizens across the world.