Case Study (Comparative Constitutional Design)

Instructors

Kenneth Mori McElwain

Term / Language / Credits

A1A2 / English / 2

Objectives

If laws are rules that guide our society, then constitutions are the “rules about the rules”: they establish the basic framework of governance and normative principles that other legislation must follow. This class examines the determinants of constitutional content and survival, covering a wide variety of regions and historical time periods. We will focus in particular on three institutional arrangements: the powers of the executive vs. legislature, the electoral system, and federalism. When countries democratize, how much do constitution writers anticipate the effects of different institutional forms? How much does self-interest matter, as opposed to cultural beliefs or international precedence? Does the inclusiveness of the constitution writing process influence their long-term viability? When countries fail, how much is the constitution at fault?

Schedule

The course will rely heavily on group work among students, particularly the final research presentation. In addition to studying actual constitutions, we will also conduct a simulation of constitution-writing in the final weeks.

Teaching Methods

Lectures and in-class discussions (roughly 50% each). Student presentations in last two week.

Grading

Two short essays, worth 10% each. Class participation, worth 50%. Final research presentation, worth 30%.

Required Textbook

REQUIRED: Zach Elkins, Tom Ginsberg, and James Melton. 2009. The Endurance of National Constitutions. Cambridge University Press. ISBN: 9780521731324.
Other readings will be drawn from book chapters and academic papers, available online.

Curtis J. Milhaupt, J. Mark Ramseyer, and Mark D. West, The Japanese Legal System: Cases, Codes, and Commentary (2d ed., Foundation Press, 2012)

Reference Books

Notes on Taking the Course

The class will be conducted entirely in English, so experience with academic reading / writing is strongly encouraged.

Miscellaneous Information

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