Constitutions, Cultures, and Context

A constitution is a country’s most important text: it creates State institutions, allocates powers and recognizes rights and responsibilities for those within its territory. More than that, constitutions express a state’s identity and provide the framework for all other laws and policies. This course will expose students to the challenges attendant on making constitutions work. At the same time, it will sensitise them to the extent to which the wider social, political and economic context and a country’s underlying culture affect the implementation of constitutional rules and values.

Evergreens like the separation of powers, constitutional enforcement and dilemmas in ensuring equality and dignity will be explored through comparative study of experiences in a diverse range of jurisdictions. Instead of exploring models and constitutional solutions in the abstract, the course invites students to explore the practical impact and outcomes particular constitutional models and ideas produce in everyday life. To that end, we will amongst others compare the constitutional responses that different countries provide to contemporary challenges such as how to ensure effective public participation in governance without encouraging populism; the pervasiveness of migration for our understanding of citizenship and its entitlements; ensuring that everyone is treated equally while respecting individual autonomy and life choices; the role of technology in public life and the implications for privacy and free speech; and the role of a constitution in fostering economic development.