This course will begin by exploring foundational questions the purposes of constitutions and constitutional law, the relationship of constitutions and constitutional law to constitutionalism, and the nature and challenges of comparison, using caselaw on reproductive freedoms from several jurisdictions to illustrate these questions and challenges. It will proceed to study several topics – including constitutionmaking processes, judicial review (and its limits), federalism, freedom of expression, equality, and freedom from detention (especially where national security claims are proffered to justify constraints). Other topics are likely to include questions whether there are general interpretive approaches across constitutional systems (such as proportionality, or the “constitutional block”), and the relationship(s) between domestic constitutions and trans-national legal norms.
Constitutional Law & Civil Rights
International, Comparative & Foreign Law