Comparative Constitutional Law

Hidayatullah National Law University · LL.B. Semester 7 · --

Unit I — CONSTITUTION AND CONSTITUTIONALISM

Meaning, concept and idea of Constitution, nature and the importance of Constitution · Requisites of the ideal Constitution · Historical evolution of Constitutional Government · Living Constitution · Constitution as a Supreme Law · Constitutional Morality · Constitutional Identity · Concept, evolution, limitations on Government Power · Constitutional Supremacy, difference between constitution, constitutional law and constitutionalism · Essential of constitutionalism- written constitution, separation of powers, fundamental rights, independence of judiciary and judicial review

Unit II — COMPARATIVE CONSTITUTIONAL LAW IN FOCUS

Comparative Methodology: Origins and Approaches · Universal Constitutional Categories and Divergences · Relevance, Limitations, and Critiques of Comparative Studies · Jurisdiction Selection: Contextual and Thematic Considerations

Unit III — CONSTITUTION MAKING PROCESS

Constitutional History · The Text, Context and Premise of the Constitutions · Making of the Constitution · Role of International Law and Constitutions of other countries in Constitution making

Unit IV — FUNDAMENTAL CONSTITUTIONAL PRINCIPLES

Rule of Law: Classical and Contemporary Approaches · Socio-Economic Rights and Constitutional Justice · Separation of power and Institutional Balances · Judicial Review: Origins, Models, and Impact

Unit V — INSTITUTIONAL DESIGN: LEGISLATIVE, EXECUTIVE, AND JUDICIAL POWERS

Legislative Power and Supremacy: Models and Limits · Executive Authority and Constitutional Accountability · Judiciary: Activism, Restraint, and Independence

Unit VI — AMENDMENT, INTERPRETATION, AND CONSTITUTIONAL CONTINUITY

Interpretation of Constitutions: Textual, Structural, Doctrinal · Theories and Politics of Constitutional Amendment · Amendment Mechanisms: Processes and Global Models · Limitations: Basic Structure, Eternity Clauses, and Democratic Safeguards