Comparative Constitutional Law Course , Spring 2012 Monday & Wednesday, 2:30-3:45 pm, Room 3 Prof. Sudha Setty. Syllabus

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1 Cmparative Cnstitutinal Law Curse , Spring 2012 Mnday & Wednesday, 2:30-3:45 pm, Rm 3 Prf. Sudha Setty Syllabus Curse Objectives Using a cmparative apprach t cnstitutinal law with a view t develping a critical understanding f hw different cnstitutinal systems deal with similar issues. Cnsidering hw cmparative cnstitutinal study can ffer insights int ur wn cnstitutinal system. Cnsidering aspects f the U.S. cnstitutinal system that have been cnsidered fr adptin by emerging cnstitutinal natins. Cnsidering the legitimacy f U.S. lawmakers r judges cnsidering r referring t freign cnstitutinal law in the creatin f U.S. law r in the decisin-making prcess fr U.S. cases. Overview f Curse This curse explres tpics arising in the cmparative study f cnstitutinal systems and cnstitutinal questins f law. The curse will first address brad questins, such as why cmparative cnstitutinal law is a relevant tpic fr study. We will then mve t a discussin f structural issues, including cmparative appraches t the separatin f pwers and judicial review. The remainder f the curse will address cmparative appraches t individual rights, including reprductive rights, freedm f expressin and the rights f minrities. Administrative Infrmatin & Expectatins Prf. Sudha Setty Office: 303 Phne: sudha.n.setty@gmail.cm (preferred); ssetty@law.wne.edu Office Hurs: I will generally respnd t s within ne business day. If yu have a substantive questin abut class discussin r the reading, I encurage yu t cme see me during ffice hurs. Mndays, nn t 2 pm, and by appintment.

2 Required Reading: Textbk: Drsen, et al., Cmparative Cnstitutinalism (2d editin, 2010). Page numbers in the assignments listed in the syllabus refer t the textbk. All material, including cmmentary, ftntes, questins, etc., within the assigned page range is included in the assignment. Bring the casebk t each class. Please make sure yu are registered fr the class TWEN site, as weekly discussin tpics and ccasinal supplemental readings will be psted there. Class structure and grading: Grading: Cmparative Cnstitutinal Law meets twice each week. Generally, we will cver ne tpic per week, althugh there may be sme weeks when we cver tw tpics (the list f tpics is at the end f the syllabus). Fr each tpic, we will generally discuss the reading assignment fr bth classes in a week, including case analysis, plicy cnsideratins and ther discussin questins. We will als use rle play and small grup activities t debate the advantages and disadvantages f differing cnstitutinal systems and prvisins. As yu can see, the Drsen textbk is encyclpedic, and we are nt ging t read and discuss all parts f this bk, r even half f it. Instead, we will be discussing selected tpics in mre depth ver the curse f the semester. There will be n final exam at the end f this curse. Yu will be evaluated n fur bases: (1) written respnses t the reading material and discussin questins fr seven tpics, (2) a presentatin and leading a class discussin n a tpic f yur chice, (3) a shrt research paper (12-15 pages) n the same tpic as the presentatin, and (4) class participatin. These elements are discussed in further detail belw. (1) Written Thught Respnses fr Each Tpic (20% f the verall grade)

3 In additin t the reading assignment fr each tpic we cver in class, discussin questins will be psted n the class TWEN site. Discussin questins will generally be psted n the class TWEN site each Wednesday fr the fllwing week s classes. Yu will be required t pst a respnse n TWEN t the discussin questins seven times during the semester. Respnses are due ne day prir t the start f the class in which we address that tpic (e.g., if we are ging t begin ur discussin f federalism n a Mnday, the discussin questins fr that tpic will psted the previus Wednesday, and written respnses must be psted n the class TWEN site by Sunday at 2 pm). These written respnses are meant t be brief (apprximately ne page, duble spaced) and thughtful respnses t the reading fr the week. They are nt meant t be research papers r plished finished prducts. As mentined abve, yu are required t pst a respnse fr seven tpics. Yu need nt tell me which seven weeks yu plan t pst a respnse just make sure that yu have cmpleted seven by the end f the semester (d nt pst a respnse during the week in which yu are giving a presentatin). The TWEN respnses will be graded n a scale f zer t three pints: 3 Pints Incrprates sme f the assigned material int the respnse and prvides insightful analysis and riginal thinking 2 Pints Incrprates sme f the assigned material int the respnse in an rganized and cherent manner 1 Pint Minimal indicatin that assigned material was reviewed. 0 Pints TWEN respnse nt submitted (and pass already used) The scre fr a late respnse will generally be dcked by ne pint. (If the respnse wuld have earned ne pint if submitted n time, ne-half pint will be awarded fr the late submissin). Respnses will nt be accepted fr questins related t material already cvered in class. (2) Presentatin n a Tpic (20% f the verall grade) Frm the list f tpics at the end f the syllabus, yu will pick ne tpic f particular interest frm Chapters 3 thrugh 8 and Chapter 12. Fr that selected tpic, yu will be required t:

4 (a) review the reading material in questin and meet individually with me at least ne week ahead f the class in which we will be discussing the tpic, (b) generate the discussin questins t be psted fr the tpic (ur individual meeting will assist in this prcess), (c) review the class TWEN respnses prir t the class discussin, and (d) make a presentatin. Yu shuld sign up fr a tpic yu are interested in fcusing n; I will pst a signup sheet n TWEN by the secnd week f the semester. Nte that if yu select a tpic frm Chapter 3 r 4, yur wrklad fr the semester is ging t be frntladed, whereas if yu chse a tpic frm Chapter 7 r 8, yur wrklad will be back-laded. Presentatins can take any number f frms (e.g., giving a lecture n yur research paper tpic, using PwerPint t cmpare cnstitutinal prvisins, leading a small grup activity, setting up a game shw fr students t cmpete in analyzing varius pints). Presentatins are expected t be minutes lng. (3) Research Paper f Pages (40% f verall grade) Yu are required t write a shrt research paper n a tpic related t yur class presentatin. Fr that paper, yu will be required t submit an utline and the final versin f the paper; submitting a draft is ptinal but is an pprtunity fr additinal feedback frm me. Fr thse f yu wh chse t present n a tpic early in the semester, yu may prefer t write yur paper early n when the material is freshest in yur mind. Hwever, as a default, the fllwing deadlines apply t all papers: (a) Outline & Bibligraphy (1-2 pages) DUE Thursday, March 15 (midnight) The utline shuld present yur thesis (the idea yu will develp in the paper) and yur general apprach r radmap. In preparing yur utline, yu will likely find it necessary t begin t engage in research and utside reading. The bibligraphy shuld include a starting list f surces that yu are using t develp yur paper. Please submit yur utline and bibligraphy t me using the Assignment Drp Bx n TWEN. I will reply t yur submissin with feedback, questins r cncerns. If yu wuld like mre guidance n yur paper, I strngly encurage yu t set up a time t meet with me after reviewing the feedback n yur utline and/r draft.

5 (b) Draft (ptinal) Submit by Thursday, April 19 (midnight) If yu wuld like interim feedback n yur research, submit a rugh draft t me using the TWEN Assignment Drp Bx as a Wrd attachment. I will respnd with cmments and suggestins n yur draft. The mre cmplete and plished yur draft is, the mre feedback I will be able t prvide. (c) Final versin f the paper DUE Wednesday, May 9 (5 pm) Please submit yur final paper as a Wrd attachment using the TWEN Assignment Drp Bx. Frmat yur paper using 12 pint, Times New Rman fnt, n larger than 1 inch margins, duble-spaced text, and 10 pint, single-spaced ftntes (nt endntes). Citatins shuld cmply with Bluebk rules. * Grading f papers I will grade yur final paper submissin based n the fllwing: Attendance: Original and apprpriate thesis Variety and relevance f surces cnsulted Quality and depth f research and legal analysis Prper citatin and attributin Overall rganizatin (a lgical radmap, sectin and subsectin headings) Imprving n weaknesses identified in the utline and draft Cntent supprts the thesis Clear sentences and analysis Grammar and citatin frmat Cmpliance with deadlines (utline and final submissin) (4) Class Participatin (20% f verall grade) Cmparative Cnstitutinal Law is a seminar with relatively small enrllment. Active participatin in the class is necessary t maintain an interesting, lively and prductive discussin. (Caffeine alne will nt d the trick). Participatin in the class will be measured by the quantity and quality f respnses t questins psed by me and ther presenters, participatin in class discussin, and vlunteering with thughtful and relevant cmmentary thrughut the semester.

6 Per ABA and Law Schl plicies, class attendance is mandatry. If yu will nt be able t attend a class, please let me knw in advance. If yu are absent fr 20% f the ttal number f classes during the semester, I will speak with the Law Schl administratin abut the situatin. Befre reaching that pint, I will try t cntact yu in persn r via abut yur attendance. Yur attendance will affect yur participatin scre in the class. Welcme t Cmparative Cnstitutinal Law I m lking frward t ur semester tgether!

7 Reading Assignments Chapter 1: What is a Cnstitutin? (a) Yur initial assignment fr the curse is in tw parts: a. Read pp. 1-25, (Why Cmparative Cnstitutinal Law? The Cntrversy ver Citatin t Freign Cnstitutinal Material); b. Read the text f U.S. Cnstitutin (available nline at: as well as many, many ther surces). (b) pp , 58-63, (Rule f Law; Cnstitutinal Mdels) (c) pp (Cnstitutinal Ratificatin and Amendments) Chapter 2: Judicial Enfrcement f the Cnstitutin what is the rle f the curts? (a) pp , (The Place f Cnstitutinal Adjudicatin; Mdels f Adjudicatin; Dilemmas f Cnstitutinal Interpretatin) Chapter 3: Hrizntal Separatin f Pwers (a) pp (Checks and Balances; Legislative Branch; Referendum) (b) pp (Executive Pwer) (c) pp , [nte that this blck f materials is in Ch. 12] (Judiciary; Emergency Pwers) Chapter 4: Federalism & the Vertical Separatin f Pwers (a) pp (Frms f Federalism) Chapter 5: Dignity, Privacy and Persnal Autnmy (a) pp (Fundamental Rights; Cnstitutinal Right t Abrtin) (b) pp (Death Penalty; Life Imprisnment; Suicide & Euthanasia) (c) pp (Self-Definitin, Intimacy, Relatinships) [if time allws: pp , Virtual Identity] Chapter 6: Equality, Minrity and Grup Rights

8 (a) pp , (Frmal vs. Substantive Equality; Targeting Particular Inequalities) (b) pp , (Discriminatin based n Race, Sex and Sexual Orientatin; Affirmative Actin) (c) pp (Prtecting Grup-Based Equality) Chapter 7: Freedm f Expressin (a) pp , , , (Freedm f Expressin; Hate Speech) Chapter 8: Freedm f Religin and Belief (a) pp (Freedm f Religin and Belief)