Tarunabh Khaitan (Visiting Professor)
Fall 2024; Spring 2023
2 credits
This course is a study of constitutional law and politics from a comparative perspective. It has three features that make it distinctive from, and supplementary to, more traditional courses on constitutional law: first, it examines comparative constitutional law primarily through the lens of plurinational and deeply divided societies. One supposed function of constitutions is to enshrine the priority of political and legal mechanisms over violence for resolving societal disputes. A focus on deeply divided societies will allow us to examine this function closely. We will, therefore, draw our examples not only from constitutionally influential jurisdictions (such as United States, United Kingdom and Germany), but also from constitutions of plurinational or deeply divided societies (such as South Africa, Israel, and India). The course may also include material from jurisdictions firmly outside the ‘canon’ of comparative constitutional law, such as China, Iran, Australia, Thailand, Pakistan, Sri Lanka, Hong Kong, Afghanistan, and the Netherlands. …