LAW 624 - Constitution Making

This course concerns the theory and practice of constitution building, with particular reference to experience over the past 20 or 30 years. It will focus on four case studies–South Africa, Iraq, Kenya and Nepal–and through these examples, examine the full range of constitution building processes from their origins, through design choices, drafting, ratification, implementation and subsequent challenges to constitutionalism. Several questions about constitution making will run through the course including: Are there preconditions for successful constitutional making? How do underlying differences in constitutional arrangements in different countries affect the substance and process of constitution-making? What is the impact of the internationalisation on the making and amendment of constitutions? How can the tension between the roles of the people, elites and experts be managed? A short paper 10-13 pages in length is due two weeks, by email, following the completion of the class meetings.