Comparative Constitutional Law and Theory

This module explores some of the most important contemporary debates in constitutionalism, through the lens of constitutional change. exploring the conceptual parameters of amendment, its political stakes, and examples of amendment practices around the world. We will situate the amendment formula of the Irish Constitution as a critical international comparator that sheds light on many of the key debates in the field, from unconstitutional amendment and informal amendment to amendment difficulty and the role of the people. Among the topics that will be considered are the following:

• Articulating a concept of constitutional amendment
• The democratic value served by constitutional amendment
• The doctrine of unconstitutional constitutional amendment
• The role of the people in constitutional amendment
• Deliberative democracy and citizens’ assemblies
• Pathologies of constitutional amendment: abusive constitutionalism and de facto unamendability
• Informal constitutional amendment.

Learning Outcomes:

On successful completion of this module, students should be able to:

• To formulate their own account of the nature of constitutions and constitutional law
• To understand the benefits and dangers of comparative analysis in constitutional law
• To critically assess concepts of constitutional change
• To assess critically the democratic values served by constitutional amendment
• To design constitutional amendment provisions that appropriately protect core constitutional values
• To assess the contemporary challenges of democratic backsliding and populism
• To research independently about comparative constitutional amendment
• To write coherently about comparative constitutional amendment.

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