Course title

Comparative Constitutional Law

Responsible person
KINOSHITA Masahiko、Il-Young Jung
to enter grades
Numbering Code

Day・Period, etc. Other(対面)

開講区分

単位数

1st semester

1.0

Timetable Slot
Code

1J373

Lesson topic
In recent decades, we have witnessed a renaissance of comparative constitutional studies as a field of study.
Despite this prominence, scholars are still debating the methodological foundations and ultimate proportions ofcomparative constitutional studies. Moreover, even the most traditional approaches to comparative law are being
challenged by new phenomena such as globalization, the migration of constitutional thought, and the so-called
judicial dialogue among courts around the world. Are we witnessing a process of convergence of world institutions
towards a global dimension of constitutional law? If so, what is the role and meaning of comparative constitutional
studies in the context of these new changes in legal systems around the world?

Lesson target
The objective of this class is to study and confront multiple constitutional rules, highlighting the similarities
and differences, in order to better explain and understand the ultimate values that underpin constitutionalagreements. Upon completing the course, students should be able to acquire knowledge about the various rules andinstitutions being compared, which will ultimately lead to acquiring knowledge about the basic principles thatshape the relationship between sovereignty and citizenship.

Syllabus and plan
There will be a total of eight lectures (face-to-face) based on the following five sub-topics. The topics andschedule may be slightly adjusted depending on progress over the days. Students are expected to carefully read thecorresponding part in the textbook before coming to class.
I. Theoretical Foundations:
What does comparative constitutional studies entail? What are the ways of doing it?
1. Comparative Methodologies
II. Constitutional Principles:
How are different constitutional principles manifested within the law and what difference does it make?
2. Separation of Powers
3. The Rule of Law
III. State Institutions:
What are the various forms of government under the constitution and why is one chosen over the other?
4. Parliaments
5. Governments
6. Courts with Constitutional Jurisdiction
IV. Transnational Constitutionalism:
What does the future hold for comparative constitutional studies?
7. International Constitutionalism
8. Constitutional Transplants

Evaluation method
Final grades will be calculated based on the following process:- Class participation 30%- Final essay: 70%

Evaluation baseline- Class participation will be graded on in-class verbal contributions, such as taking part in open discussions or
raising relevant questions in class. Priority will be given to those who have had less chance to speak out.
- Students can choose whatever topic related to comparative constitutional law for their final essay. The length
required is from 7 to 10 pages on Microsoft Word, double spaced, font size 11 or 12. The essay should be completedwith appropriate research questions, logical arguments, and evidence based on the discussion in the course.
References are also required. Citation style, footnotes or endnotes may be selected freely as long as it isconsistently applied.

Notice (include info. on related class)
No prior course on constitutional law is required, but it will be assumed that students will have basic knowledge
on law in general.

Review and preparation- Preparation: Read the assigned section of the textbook and prepare to share your thoughts in class, including(but not limited to) questions or possible disagreements with the author.
- Review: Students should think about how each topic is manifested in their relevant jurisdictions after class andalso take up further reading if it is related with their final essay.

Office hour・Contact information
Contact details will be announced during the course.

Message for student
This course is recommended for students who wish to learn more about various foreign systems of law, especially thedifferent aspects of both constitutional design and constitutional adjudication.

Improvemenets in Teaching
N/AText

The Cambridge Companion to Comparative Constitutional Law / Masterman, Roger, and Robert Schütze : Cambridge
University Press ,2019 ,ISBN:
Reference Material
1. Ackerman, Bruce A. Revolutionary Constitutions : Charismatic Leadership and the Rule of Law. Cambridge,
Massachusetts: Belknap Press of Harvard University Press, 2019.
2. Calabresi, Steven G., Bradley G. Silverman, Joshua Braver, and Samuel A. Alito. The U.S. Constitution andComparative Constitutional Law : Texts, Cases, and Materials. University Casebook Series. St. Paul, MN: FoundationPress, 2016.
3. Dixon, Rosalind, and Tom Ginsburg. Comparative Constitutional Law in Asia. Cheltenham, UK ; Northampton, MA,
USA: Edward Elgar, 2014.
4. Hirschl, Ran. Comparative Matters: The Renaissance of Comparative Constitutional Law. Oxford University Press,
2016.
5. Jackson, Vicki C., and Mark V. Tushnet. Comparative Constitutional Law. Third ed. University Casebook Series.
St. Paul, MN: Foundation Press : LEG, D/b/a West Academic, 2014.
6. Ross, Stephen F., Helen Irving, and Heinz Klug. Comparative Constitutional Law : A Contextual Approach. New
Providence, NJ: LexisNexis, 2014.
Classroom Language
EnglishKeywords
Constitutional law; Comparative Legal Studies; Legal History