Admission requirements
Required course(s):
- Sovereignty and Statehood
Description
Constitutions, such as the U.S. Constitution or the Dutch Grondwet, are the highest laws within their respective jurisdictions. They establish the form of government, core institutions, and enshrine fundamental rights—in short, they constitute a polity in its essential characteristics. The idea of constitutionalism comes into play where constitutions successfully create a separation of powers, ensure democratic legitimacy, and foster a rule of law culture. A thorough knowledge of constitutions and constitutionalism is indispensable for working within any legal system.
Internationalization, globalization, decolonization, and, in some parts of the world, regionalization, have also left their mark on constitutions and the idea of constitutionalism, and on the way we understand and use constitutional norms. This includes, fundamentally, the question whether states are the only entities capable of having constitutions.
This course traces the history of the idea of constitutional government, discusses essential elements and theories of constitutionalism, and analyses them in the context of contemporary forms of multilevel and multistakeholder governance. It takes students from the Magna Carta and the Bill of Rights, via modern national constitutions and regional integration projects from around the world to the UN Charter. The course, moreover, critically reflects on the usefulness of constitutionalism in a transnational environment marked by profound changes and transformations, incluidng through decolonial perspectives.
Course Objectives
Knowledge:
Goal 1: Describing the origins and evaluation of constitutional government, its essential elements and different forms;
Goal 2: Explaining central concepts, themes and theories within the field of constitutional law, including theories of “constitutionalism” and the role and functions of constitutional adjudication and review.
Skills:
Goal 3: Interpreting constitutional texts and case law and making “constitutional arguments”.
Goal 4: Comparing and classifying different constitutions according to their content, legal tradition, and other core characteristics;
Goal 5: Analyzing various ways in which constitutions have been affected by processes such as regional integration, internationalization, globalization, decolonization, and transnationalization.
Timetable
Timetables for courses offered at Leiden University College in 2024-2025 will be published on this page of the e-Prospectus.
Mode of instruction
The course uses a variety of teaching methods, including lecturing, class discussions and exercises, student-led debates, and legal case problems. Teaching materials include both primary sources (such as constitutional texts and court judgments) and secondary literature.
Assessment Method
General participation (including occasional “knowledge check-ins”); Goals 1 and 2 (12%)
Constitutional debate leadership; Goals 2, 3, 4, and 5 (19% for the debate; 19% for the write-up)
“Paper pitch” on the topic of the case study; Goals 2, 3, 4, and 5 (10%)
Written case study essay; Goals 2, 3, 4, and 5 (40%)
Reading list
Course textbook to be acquired by students:
- Mark Tushnet, Advanced Introduction to Comparative Constitutional Law (2nd edition, Edward Elgar 2018), ISBN: 9781786437204
Course textbooks available online via Leiden Library:
Michel Rosenfeld and András Sajó (eds), The Oxford Handbook of Comparative Constitutional Law (Oxford University Press 2013)
Jeffrey Dunoff and Joel Trachtman (eds), Ruling the World? Constitutionalism, International Law, and Global Governance (Cambridge University Press 2009)
Generally recommended readings and research resources (selection):
The book series Constitutional Systems of the World by Hart Publishing: https://www.bloomsburyprofessional.com/series/constitutional-systems-of-the-world/
Larry Alexander (ed), Constitutionalism: Philosophical Foundations (Cambridge University Press 1998)
Rosalind Dixon and Tom Ginsburg (eds.), Comparative Constitutional Law in Latin America (Edward Elgar 2017)
Berihun Adugna Gebeye, A Theory of African Constitutionalism (Oxford University Press 2021)
Xavier Gil, Constitutional Moments: Founding Myths, Charters and Constitutions through History (Brill 2024)
Aalt Willem Heringa, Constitutions Compared: An Introduction to Comparative Constitutional Law (7th edn, Intersentia 2023)
Anthony F. Lang, Jr. and Antje Wiener (eds.), Handbook on Global Constitutionalism (Edward Elgar 2017)
Daniel Bonilla Maldonado (ed), Constitutionalism of the Global South: The Activist Tribunals of India, South Africa, and Colombia (Cambridge University Press 2013)
Kaarlo Tuori, European Constitutionalism (Cambridge University Press 2013)
Mark Tushnet, Mark A. Graber, and Sanford Levinson (eds), The Oxford Handbook of the U.S. Constitution (Oxford University Press 2016)
Links to further compulsory readings and additional reading recommendations will be provided on Brightspace.
Registration
Courses offered at Leiden University College (LUC) are usually only open to LUC students and LUC exchange students. Leiden University students who participate in one of the university’s Honours tracks or programmes may register for one LUC course, if availability permits. Registration is coordinated by the Education Coordinator, course.administration@luc.leidenuniv.nl.
Contact
Dr. J.E. Larik, j.e.larik@luc.leidenuniv.nl
Remarks
-