Welcome to Laws 526!

Welcome! This seminar will explore the theory and practice of constitutionalism in New Zealand and selected jurisdictions. The course will place a special emphasis on the ways in which selected jurisdictions (New Zealand, the United States, Canada and several Latin American countries) attempt to balance constitutionalism and democracy. Attention will also be paid to the way in which different theories of constitutionalism accommodate (or fail to accommodate) the modern administrative state. Constitutionalism is generally conceived as requiring some form of democracy, as providing the tools for peoples to govern themselves. By examining the ways in which different constitutional systems seek to realise the democratic ideal, we will be able to gain a better understanding of the relationship and tensions between constitutionalism and democracy.

Possible seminar topics include: popular participation in constitution-making and constitutional change; the constitutional role of the courts; the place of human rights in constitutional law; majority rule and representative government; the relationship between constitutionalism and the administrative state; and the impact of international agreements on the parameters for democratic decision making. In addition to these topics, students will be free to explore other topics related to the general theme of the course in their papers. Throughout the course students will be encouraged to reflect on the theory, practice and methodology of comparative public law.

In this blog you will find links to different journals and databases that you will useful when selecting a topic or researching for your final paper. I will be updating this list frequently. Everynow and then, I will also post links to recently published papers or works-in-progress that may be of interest to the class.