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Constitutionalism - JURD7393 | |||||||||||||||||||||||||||||||||||||||||||||||
Description This course will introduce students to discussion and criticism of the institutional and theoretical underpinnings of a liberal-democratic constitutional order. It will do this by way both of examination of some of the key moments in constitutional development and design, and of discussion of some of the central issues of political and legal theory which constitutionalism raises. Among the topics considered are: 1. Philosophical history of the notion of constitutionalism and of such related ideas as: sovereignty, rights, the rule of law, separation of powers, republicanism, and federalism; 2. Issues in the design of constitutional order: the American Founding Fathers, the nineteenth century idea of the Rechtsstaat (law-governed state), and contemporary constitutional experiments in post- communist Europe; 3. Constitutional interpretation via judicial review, particularly the problem of applying constitutional texts in changing circumstances; 4.The sources of constitutional legitimacy.
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