Comparative Constitutional Law

About the course

Course content

As a student in the course, you will improve your knowledge of the theory and methodology of compara­tive constitutional law. You will get an understanding of how certain other states have developed and how they apply constitutional law principles. This will allow you to understand your own constitutional law systems better, and to employ comparative constitutional law, when this is appropriate, to develop constitutional law in your own states.

The course begins with an introduction to the comparative method, explaining the potential, and limitations of this method in the particular national context of constitutional law. The course proceeds with lectures and case law-oriented seminars on basic principles of constitutional law. The subjects include:

• the nature of the impact of globalisation, and privatisation, on the state and democracy, geographical division of power (federalism, regionalism);
• functional separation of powers (legislative/executive/judicial) and the relative divisions of powers between the branches of government in different states;
• the related subject of checks and balances;
• the Rechtsstaat;
• theories and practices of constitutional interpretation;
• constitutional rights and different systems and legal cultures concerning constitutional review.

Examples are drawn from different types of legal order (common law, civil law) and from states at different stages of the development of democracy and the Rechtsstaat, to illustrate the extent to which comparative constitutional law can, and should, be used both by courts and legislators in established democracies and "transitional" regimes. Problem-oriented seminars are held on subjects of "constitutional engineering" when students are required to see if, and if so, to what extent, a constitutional "transplant" can be useful to a developing state.

Instruction

All teaching and literature are in English. You will, however, be occasionally be requested to find, and orally present, the material on aspects of your constitutional systems. There are a small number of lectures given by guest lecturers. Attendance at seminars is compulsory. You must also submit a number of short essays during the course. Essays may be written in Swedish or English.

Examination

The examination for the course consists of a number of essays submitted during the course in combination with full attendance at the seminars.