Comparative Constitution

Unit 1 — Scope and Significance of Comparative Study of Constitutional Law:

1. Forms of Government - Parliamentary-Presidential-Monarchial · 2. Types of Constitutions · 3. Scope and significance of comparative study of Constitution in Constitution making of comparative study of Constitution in interpretation · 4. Common law of England · 5. American Constitution · 6. The Common law heritage · 7. Indian position

• Philosophy of Constitution
• Salient Features of the Indian Constitution

Unit 2 — History of Constitution Making and its Development in India:

1. Applicability of foreign precedents in interpretation of the Constitution ofIndia · 2. Fundamental Rights: Bill of Rights · 3. Instances of application of foreign precedents · 4. Instances of departures from foreign precedents · 5. Forms of Government: Article 74 and 75

• Historical background and framing of the Indian Constitution
• Origin, Purpose and Significance of Fundamental Rights
• Qualification, Powers, and functions of — President and Vice-president Union Council of Ministers Governor State Council of Ministers

Unit 3 — Federalism- Comparative Study:

1. Principles of federalism · 2. Legal features of federalism · 3. Co-operative federalism · 4. Transition from comparative federalism to co-operative federalism · 5. Distribution of legislative and financial power in a federal system · 6. Federalism - Indo-U.S. comparative perspectives · 7. Separation of power: Checks and balance mechanism · 8. Amending power in India, U.S. and Australia: comparative perspective

• Federalism
• Concept of Cooperative and Competitive Federalism
• Centre-State Relations (Part-XI) Legislative Relations Administrative Relations
• Amendment and the basic structure doctrine (Part XX) 4.3Constitutional Bodies and Offices Services (Part-XIV, Chap-1)

Unit 4 — Judicial Review:

1. Evolution and concept of judicial review · 2. Meaning of judicial review · 3. Characteristics of modern Constitutions and their impact on JudicialReview · 4. Constitutional growth in India under judicial review and its impact

• Judicial Activism
• Article 32- Right to Constitutional Remedies and Public Interest Litigation

Unit 5 — Justification and Limitation of Written Constitution:

1. Incidents of written Constitution - a legal instrument · 2. Justiciability of written Constitution · 3. Written Constitutions which are not justiciable: France, U.S.S.R., China · 4. Indian Constitution: Justiciability and non-justiciability

• 1. — Directive Principles of State Policy
• Origin, Purpose and Significance of Fundamental Rights

Unit 6 — Interpretation of Constitution:

1. Interpretation as a legal instrument · 2. Limitations of liberal interpretation · 3. Spirit of Constitution · 4. Indian Constitution and instances of interpretation

Unit 7 — Constitution as Higher Law:

1. Higher law distinguished from ‘Rule of Law’ · 2. Elements of Rule of Law · 3. Parliamentary supremacy under the Indian Constitution · 4. Distinction between Constitutional Law and Ordinary law

• Amendment and the basic structure doctrine (Part XX) 4.3Constitutional Bodies and Offices Services (Part-XIV, Chap-1)

Unit 8 — Role of Judiciary and Doctrine of State Action

1. Court as guardian of the Constitution · 2. Exceptions to judicial review · 3. Special functions of judiciary in federation · 4. Constitutional Law as a branch of public law

• Judicial Activism
• Article 32- Right to Constitutional Remedies and Public Interest Litigation