Law 457 - Comparative Governance and Constitutional Rights
This course will analyze the major challenges of Constitutionalism and the Rule of Law at a global level. The contribution of constitutions, constitutional litigation and constitutional rights to the modern definition of a democratic regime will be considered, with an emphasis on the capacity of adaptation of Constitutional Law to various societies and values.
The objectives of the class are to discuss methodology of Comparative Constitutional Law, to improve the knowledge of foreign systems as well as the understanding of the United States constitutional model in a comparative perspective. Beyond European and American experiences, other significant examples will be examined, in particular, in the Australian, Indian, South American or South African systems.
The three week course will consider in particular the definition of Constitutionalism and the Rule of Law, the importance of the courts and the legitimacy of Constitutional Justice, the new balance between the Legislative, the Executive Power and the Judiciary and the global emergence of constitutional mechanisms of protection of rights and freedoms.
The different conceptions of Freedom of Speech and Freedom of Religion the affirmation of Privacy Rights, the standards of Due Process Rights, the protection of Gender Equality, Minority groups and the controversies over Constitutional Social Rights will be discussed.