CCD213 | Constitutionalism and Democracy

COURSE DESCRIPTION

How does this course relate to the programme curriculum:

It is important for students who enrol in this course to have read Political Science, Constitutional Law and Jurisprudence – all of which are BCI mandated courses for the 5 year law program. It builds on these courses by bringing together interrelated concepts and theories in political philosophy, comparative constitutionalism and legal theory.

Describe how you have approached the course. What have you included/excluded and why?

Choice of materials: primary or secondary readings / case law;

This course is designed for students interested in comparative constitutional law and constitutional/political theory. It also includes discussions of how constitutional law interacts with issues of representation and governance and with democratic processes.

The main course readings are largely theoretical in nature and include scholarly journal articles and book chapters. There are also readings on structural issues in constitutional issues on separation of powers; federalism and judicial review. Though cases are referred to, case law does not form the majority of the readings.

Describe your pedagogical method: lectures, Socratic discussion, seminar style discussion, response papers or group work, field work;

The course will be taught largely in the seminar style. One of the instructors will start the class, with an in-depth analysis of the topic and reading, taking about 70-80 minutes.

This will be followed by questions from the students that should ideally take anywhere between 20-25 minutes. If there any additional questions still, the same will be addressed in the designated office hours of the faculty members. The last part of the class will be used to bring together the discussion and themes and create the groundwork for the next module.

Describe the layout of the course: module structure and sequence.

The course is to be divided into 7 modules.

Module 1- What is a Constitution?

Module 2- The Constitution as a Foundational Principle: What makes a Constitution Legitimate?

Module 3- Examining the Contested Concept of Constitutional Identity.

Module 4- Is a Constitution Necessary to Establish “Constitutionalism”?

Module 5- Analysing the Idea of “Democracy”

Module 6- Discussion of Structural Issues- Presidentialism v. Parliamentarianism; Federalism; Constitutional Courts

Module 7- Exploring the Relationship between “Constitutionalism” and “Democracy”