Comparative Constitutional Law

Maharashtra National Law University, Aurangabad · LL.B. Semester 9

Unit I — Constitutions, Constitutionalism and Rule of Law

Why do we need a constitution? Types of Constitutions, Constitutional Designs and Processes, The Concepts of Constitutionalism and limited government, Varieties of Constitutionalism: Liberal and Non-Liberal Constitutionalism, Adjectival, Popular, Regional; Positive and Negative Constitutionalism; Abusive Constitutionalism; Social- Democratic, Constitutionalism; Authoritarian Constitutionalism; Islamic Constitutionalism, Classifications of the forms of Government; Shared and Concentrated Exercise of power as a basis for classification

Unit II — Principles of Constitutional Interpretation and Judicial Review

Originalism; Textualism and Non-textualism, Controlled Activism as an Interpretative Model, The Limits of Textualism as a Restraint on Judicial Review, Constitutional Interpretation in the Absence of Unambiguous Text.

Unit III — Protection of Fundamental Rights/Human Rights

Natural Rights, Human Rights & Fundamental Right, Human Rights under National Constitutions, Effect of entrenching Human Rights in a written Constitution as Fundamental Rights, Fundamental Rights: Against whom available? Whether enforceable against Private persons? The Doctrine of State Action, Fundamental Rights as a limitation on, The Legislature, The Executive, The Judiciary, Restrictions upon, and Limitations on Human Rights and Fundamental Rights

Unit IV — The Organization of Défense Power: The War Power, Martial Law and

Emergency; Effect of Exercise of Défense Power on Fundamental Rights The State of Siege, Historical Perspective, Martial Law: Origin and Development, Constitutional Protection of the Democratic Order during the States of Exception, Selected Constitutional Models; U.S., Switzerland, U.K., Germany, Norway and France.

Unit V — The Commerce Power: Scope Ambit and Limitations

The Commerce Clause - Commonwealth Comparisons: U.S., Canada and Australia, The Economic Constitutions and the Commerce Clause.

Unit VI — Amendment of The Constitution; Limitations on the Power of Amendment

The Challenges of Constitutional Change, Enforcing the Boundaries of Constitutional Change, Constitutional Design for Formal Alterati, Amendment and Dismemberment. Dismemberment in Contemporary Problems