Comparative Constitutional Law: Structure and Transitions Lewis & Clark Law School Fall Professor Ozan Varol

Transcription

1 Cmparative Cnstitutinal Law: Structure and Transitins Lewis & Clark Law Schl Fall 2013 Prfessr Ozan Varl Office: LRC 222 Office Phne: (503) Office Hurs: Drp by r by appintment varl@lclark.edu Welcme t Cmparative Cnstitutinal Law: Structure and Transitins. We will meet n Mndays and Wednesdays frm 5:00 pm t 6:25 pm in Legal Research Center, Rm 5. The required casebk is Nrman Drsen, Michel Rsenfeld, Andras Saj & Susanne Baer, Cmparative Cnstitutinalism: Cases and Materials (2d ed. 2010). This curse explres tpics in the cmparative study f cnstitutinal law, with a fcus n the structure f different cnstitutinal systems and the cnsequences f thse structural differences. Recent cnstitutinal recnstructins acrss the Middle East fllwing the 2011 Arab Spring have called renewed attentin t the structural design f plitical systems. In light f these recent events, this curse will address the fllwing questins: What are the basic structural elements f cnstitutins? Hw d these elements differ acrss time, regin, and regime type? What is the prcess by which states draft and implement cnstitutins? Cmparing cnstitutins frm varius regins f the wrld, the curse will examine several tpics cncerning cnstitutinal structure, including judicial review, federalism, separatin f pwers, presidential and parliamentary systems, cnstitutinal transitins, and cnstitutinal amendment prcesses. The curse will cnclude with reflectins n what the cmparative perspective tells us abut the U.S. Cnstitutin. Attendance and Participatin Class attendance is mandatry. Please arrive n time as yu will be expected t d as an attrney in curt. T receive credit fr the class, yu must attend class regularly and receive a passing grade. I take attendance each day using a sign-in sheet that will be circulated at the beginning f class. 1

2 Class participatin is f central imprtance t this class. I will call n randm students each day. Yu are expected t cme t each class prepared t discuss the reading assigned fr that day. In additin, students will be asked t respnd t the claims and arguments f ther students and prvide cunterarguments even when it is nt an argument that they may necessarily supprt. I reserve the right t adjust yur grade up r dwn ne ntch (e.g., frm a B t a B+ r B- ) t take int accunt the quality f yur class participatin. Advance Passes and Absences I get that life happens and yur bligatins may ccasinally make class preparatin r attendance impssible. If yu will be unprepared fr class n a particular day, please me by 12 p.m. befre class using the subject Pass Request t request an advance pass and I will nt call n yu. N explanatin fr the pass is required r expected. particular day, that als cunts as a pass. If yu are absent frm class n a Yu are entitled t a cmbined ttal f 5 passes withut penalty t yur final grade. Fr example, yu may be absent frm 2 classes and request 3 advance passes, r yu may request 3 advance passes and be absent frm 2 classes. If the cmbined ttal f yur absences and passes exceed 5, yur final grade will be subject t a dwnward adjustment by ne ntch (e.g., frm a B t a B- ) fr each additinal pass r absence abve the limit f 5. Sanctins (including a dwnward grade adjustment) may als be impsed fr frequent late arrivals r fr failing t infrm me by 12 p.m. that yu will be unprepared. The nly exceptins t the class attendance and preparatin plicies will be in situatins where Assciate Dean Martha Spence deems that an accmmdatin is warranted. If yu wuld like t request an accmmdatin frm these plicies fr cmpelling reasns, please cntact Liz Hbbs (lhbbs@lclark.edu, ) in the Assciate Dean s ffice. Exams and Grading Yur grade in this class will be based n an unscheduled, pen bk final exam. Twards the end f the term, I will prvide yu with mre infrmatin, and guidance, abut the exam. Cntacting Me 2

3 I encurage all f yu t speak t me abut the class, law schl, and yur career, and t ask questins whenever yu are unsure f smething. I strngly encurage yu t make an appintment t meet with me using the fllwing link: With varying student schedules, an nline scheduling system ensures that we can find a mutually cnvenient time t meet. Yu can als me (varl@lclark.edu) with shrt questins even several f them that can be easily answered in that manner. I am very fnd f and will generally respnd t messages received during the week within 24 hurs. I rarely check my ver the weekend and will respnd n Mnday t any questins I receive ver the weekend. If yu have a Twitter accunt, yu may als fllw me n Twitter (@PrfessrVarl). I regularly pst cmmentary r news articles n subjects relating t cnstitutinal law, cmparative cnstitutinal law, and Middle Eastern law and plitics. Plicy n Internet and Cell Phne Use Please turn yur cell phne ff during class. If yu have a gd reasn t keep it n (e.g., child care, family illness, r the like), please ntify me. I als expect that, althugh many f yu will use laptps t take ntes, yu will nt use them t access the Internet during class unless I instruct yu t d s fr a classrelated purpse. That means n ing, texting, Facebking, surfing, r cmparably distracting extracurricular activities. Recrding Classes Yu are nt allwed t use yur laptps t recrd classes. Each class will, hwever, be recrded by the law schl. If yu miss class, please my assistant Sue Page (spage@lclark.edu) t request a cpy f the class recrding. N explanatin fr yur absence is necessary r expected. Yu are allwed t request the recrdings f up t three classes. The nly exceptins t this plicy will be in situatins where Assciate Dean Martha Spence deems that an accmmdatin is warranted. If yu wuld like t request an accmmdatin fr cmpelling reasns, please cntact Liz Hbbs (lhbbs@lclark.edu, ) in the Assciate Dean s ffice. Curse Outline & 3

4 Belw is the list f yur initial assignments. The fr each class is listed under the date n which it is due. Please check yur Lewis & Clark at least twice a week because I will the class t adjust assignments and make clarificatins. Yu are respnsible fr knwing whatever I say in class, as well as fr all infrmatin ed t the class r psted n TWEN. The inclass PwerPint presentatins will be psted n TWEN fllwing each class. Please nte that the utline belw cvers nly the first ten classes. I will distribute subsequent assignments at the apprpriate time. I have elected t prceed in this manner, rather than publishing a fixed schedule f assignments fr the entire semester, bth t retain flexibility regarding the substantive materials t be cvered in the class, given the quickly evlving cnstitutinaldesign prcesses currently in prgress, and t avid assigning material that we may be unable t cver in class. There will be n class n Mnday, Octber 29th, and Wednesday, Octber 31st. I will schedule make-up classes in cnsultatin with the students later in the semester. 4

5 WHAT IS COMPARATIVE CONSTITUTIONAL LAW? Class # 1 Tpics Why cmparative cnstitutinal law? Cnstitutinal mdels: written versus unwritten cnstitutins Sign up fr class website n The West Educatinal Netwrk (TWEN) The syllabus (available n TWEN) Read the U.S. Cnstitutin (any cpy will d) and the 2012 Egyptian Cnstitutin (available n TWEN please read the Preamble, Part I (Elements f State and Sciety), and Part II (Rights and Freedms), and skim the rest). Cmpare the tw cnstitutins and take nte f any remarkable similarities and differences. Casebk, pp. 1-6, CREATING AND REVISING CONSTITUTIONS Class # 2 Tpics Cnstitutinal mdels: Majr types f cntemprary cnstitutinal systems Cnstitutinal mdels: Cnstitutins beynd the natin-state Casebk, pp Class # 3 Tpics Cnstitutinal mdels: Cnstitutins beynd the natin-state 5

6 Casebk, pp Classes # 4 & 5 Tpics The birth, alteratin, and revisin f the cnstitutin Cnstitutin-making in the aftermath f the Arab Spring (please read these in the rder listed belw) Casebk, pp U.S. Declaratin f Independence (any cpy will d) Handuts n Egypt (TWEN) Handuts n Tunisia (TWEN) Class # 6 Tpics Amending r replacing the cnstitutin Casebk, pp Kim Lane Scheppele, Nt Yur Father s Authritarianism: The Creatin f the Frankenstate (TWEN) David Landau, Abusive Cnstitutinalism, pp. 1-23, abstract= JUDICIAL ENFORCEMENT OF THE CONSTITUTION Class # 7 Tpics The place f cnstitutinal adjudicatin 6

7 Principal mdels f cnstitutinal adjudicatin Casebk, pp Class # 8 Tpics Principal mdels f cnstitutinal adjudicatin Cnstitutinal interpretatin Casebk, pp ; Ran Hirschl, Juristcracy (TWEN). Class # 9 Tpics Cnstitutinal interpretatin Casebk, pp Class # 10 Tpics Cnstitutinal interpretatin Glbal judicial dialgue Casebk, pp ; pp Class # 11 SEPARATION OF POWERS Tpics 7

8 Presidentialism and Parliamentarism The Legislative Branch Casebk, pp Bruce Ackerman, T Save Egypt, Drp the Presidency (TWEN) Class # 11 Tpics The Legislative Branch Casebk, pp Class # 12 Tpics Executive pwer Casebk, pp Class # 13 Tpics Executive pwer Casebk, pp Class # 14 Tpics The judiciary 8

9 Casebk, pp FEDERALISM Class # 15 Tpics Federalism s varius frms Casebk, pp Class # 16 Tpics Federalism s varius frms Casebk, pp Class # 17 Tpics Decentralizatin in Nnfederal States Cnfrntatin Between the Federatin and the Federated Gvernments Casebk, pp Class # 18 Tpics Cnfrntatin Between the Federatin and the Federated Gvernments Casebk, pp Class # 19 9

10 Tpics Cnfrntatin Between the Federatin and the Federated Gvernments Casebk, pp Class # 20 Tpics Cnfrntatin Between the Federatin and the Federated Gvernments Casebk, pp Class # 21 CONSTITUTIONAL GUARANTEES OF DEMOCRACY Tpics Demcracy and Law Casebk, pp Class # 22 Tpics Plitical Parties Casebk, pp Class # 23 STATES OF EMERGENCY, COMBATING TERRORISM, AND THE BOUNDS OF THE CONSTITUTION Tpics 10

11 Emergencies, Crises, and Cmbating Glbal Terrrism Casebk, pp Class # 24 Tpics State f Emergency Jurisprudence Casebk, pp Class # 25 Tpics Cmbating Terrrism: War r Criminal Enfrcement? Casebk, pp ; ntes 2, 3, and 4 n pp Class # 26 CONCLUSION Tpics Reflectins n the U.S. Cnstitutin Law & Versteeg, The Declining Influence f the U.S. Cnstitutin, ssrn.cm/abstract= (nly read the Intrductin, Part III, and Cnclusin) 11