Comparative Constitutional Law

This course explores topics arising in the comparative study of constitutional law. Comparative constitutional law is an emerging field, an outgrowth of globalization and the movement for recognition of universal human rights norms.

We will examine fundamental questions at the heart of constitutional government by comparing a range of constitutional models, with particular emphasis on how different models protect individual rights. The course will begin with a comparison of different constitutional systems and an analysis of the role and structure of constitutional courts and judicial review. Most of the course will be devoted to comparative analysis of constitutional issues concerning human rights. Specific topics discussed include reproductive rights, freedom of speech and religion, racial and gender equality, positive social rights, and the U.S. Supreme Court and comparative constitutionalism. Evaluation will be based on several short reading responses, a paper. and class participation. Students may elect to submit their papers to satisfy the Capstone writing requirement.

Meets the Capstone writing Requirement

Prerequisite: Constitutional Law I

The American Bar Association accreditation standards require students to regularly attend the courses in which they are registered. Lewis & Clark expects students to attend classes regularly and to prepare for classes conscientiously. Specific attendance requirements may vary from course to course. Any attendance guidelines for a given class must be provided to students in a syllabus or other written document at the start of the semester. Sanctions (e.g., required withdrawal from the course, grade adjustment, and/or a failing grade) will be imposed for poor attendance.