Constitutionalism from the Global South: Theory, Practice, Critique

Catalog description

The political project of Constitutionalism claims universal validity. However, Constitutionalism is differently understood, justified, and implemented in different parts of the world. This class will explore the constitutionalism of the global south. We will start by attempting to draw analytical distinctions between the general project of constitutionalism and its justifications and theoretic underpinnings in the global south. Then, we will focus on the major trends in global south constitutional practice: (i) widespread access to the constitutional jurisdiction; (ii) judicial enforcement of socio-economic rights; (iii) the doctrine of unconstitutional constitutional amendments; (iv) projects of peacemaking through transitional justice, and (v) the 'constitutionalization' of private law. Finally, the course will assess various global south critiques of constitutionalism, and evaluate whether it offers a plausible alternative to the current model of American constitutionalism.