Constitutionalism and Fundamental Rights from a Comparative Perspective
Constitutionalism seems to be a success story: Good governance is associated with a constitution, and fundamental rights are guaranteed in constitutional law even in starkly economic contexts. This class first addresses the theoretical underpinnings of “constitutionalism”, and different concepts of constitutions as well as transitional developments towards constitutional regimes, to then discuss paradigmatic conflicts around dignity, personal autonomy, equality, religious and political rights from a comparative perspective, which includes EU law, European human rights law, selected African and Asian jurisprudence, as well as Canadian decisions. Students will be encouraged to add comparative insight from the U.S.
Primary reading will Dorsen/Sajo/Rosenfeld/Baer, Comparative Constitutionalism, with
some additional material by then available online.