CTL213 | Comparative Constitutional Law

Comparative Constitutional Law is an elective course open to all students at NLSIU who  have completed their basic courses in Indian constitutional law.

This course aims to provide an in-depth exploration of comparative methods in general, and  the use of such methods in the study of constitutional law in particular. While using legal  materials from other jurisdictions is common, both in legal studies and in the drafting and  interpretation of our laws, we seldom query why and whether we should compare, what we  should compare, and how we should go about engaging in the comparison. These questions,  applied to the domain of constitutional law, form the crux of this course. Central to this  inquiry is also an acknowledgment of our location as a post-colony situated in the Global  South, and we will repeatedly query whether this location should shape, and how, our  evaluation of comparative methods. The ultimate aim of the course is to gain a better  understanding of comparative methods in law, as well as insights into Indian constitutional  law, through a comparative inquiry.

The course will proceed through a reading of scholarship on comparative methods in legal  studies generally, and the application of such methods to the study of constitutional law. This  is a reading intensive course. A detailed and extensive reading list has been supplied along  with this outline. I expect students to read the texts to understand (a) what are the core issues  being addressed in the paper? (b) how does the author respond to these issues? (c) what is  the (implicit or explicit) method employed by the author in raising and responding to these  issues (d) how do these issues relate to Indian constitutional law, practice, and politics.

Since this course is an advanced level offering, classroom discussions will focus on  collectively reading the assigned material and relating them to issues and concerns in Indian  constitutional law. Classroom discussions will proceed through a seminar style engagement  rather than through lectures. Students will be expected to apply their knowledge of Indian  constitutional law to the materials at hand. I will assume that you have read the material and  will conduct the class and design the evaluation accordingly.

Readings are divided into mandatory and recommended texts. Students are expected to read  all mandatory texts. They are strongly encouraged to read the recommended texts as well,  since these texts will advance their knowledge of the field. I will engage with these  recommended texts in my own remarks during class.

COURSE OBJECTIVE(S): 

1. An understanding of the methods, debates, and concerns in the academic discipline,  practice, and politics of comparative constitutional law.

2. Insights into the theory and practice of constitutional law and governance in India,  through a comparative inquiry.