Constitutional Development & Democratization
4.0
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The spread of human rights and constitutional, representative government based on the rule of law, as either spurs for development or desirable outcomes of development, seems both possible and urgently necessary and yet we appear to be in a phase where many countries are undergoing a democratic retrogression. This course examines the nature, fate and prospects for constitutional development and democratisation across the globe. Employing both the diachronic and synchronic methods of analysis typical of comparative constitutional law, the course addresses topics such as constitution-making and constitutional amendment; forms of state and forms of government as well as the role and functions of constitutional and supreme courts with the aim of understanding how a given institutional framework may facilitate or obstruct transitions to democracy. The experience of so-called ‘consolidated’ democracies will often be used to examine the transition to democracy of other countries.
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