Chanakya National Law University, Patna
Academic Session: 2022-23
LL.M. II Semester
Course Title: Comparative Constitutional Law (England, U.S.A.,
Canada and India)
Group A
Course Overview
We have witnessed the renaissance of comparative constitutional law as a field of research.
Despite such a flourishing, the methodological foundations and the ultimate ratio of
comparative constitutional law are still debated among scholars, who are divided among many
different methodological approaches. Moreover, even the most traditional approaches to
comparative law are challenged by new phenomena, such as globalization, the migration of
constitutional ideas and the so-called judicial dialogue among courts all over the world. Are
we witnessing a process of convergence of the systems of the world towards a global dimension
of constitutional law? And if so, what is the role and the meaning of comparative constitutional
law in the new changing contours of legal systems around the world?
In order to tentatively address such basic issues in the field of comparative constitutional law,
going back to its foundation, the essence and the methods of comparative constitutional law,
seems to be inevitable.
Learning Outcomes
The objects of comparative constitutional law have traditionally been the constitutions of
modern States. The aim of comparative constitutional law is to study and confront the plurality
of constitutional rules and to highlight similarities and differences in order to create models or
ideal-types able to explain the ultimate values that underpin the constitutional agreements.
Ultimately, if the aim of comparative law is to ‘acquire knowledge of the different rules and
institutions that are compared’ comparative constitutional law is vested with a particular task:
to acquire knowledge of the fundamental principles that forge the relationship between
sovereign power and citizen’s freedom in different constitutional systems. Comparative
constitutional law is a fascinating field of research, dealing with one of the most engaging
human challenges: built-up legal orders that may face and govern the complexity of a given
society. Looking at the differences and similarities developed by different legal systems,
comparative legal scholars aim to better understand the ultimate reasons of certain institutional
choices and their transformations over time, in a phrase the ‘constitutional life’ of a legal
system.
E CONSTITUT
Topic/ Contents/ Concepts Sessions /
Module Lectures
Module: 1 Concept of Constitution – Constitutional Law – 8 Lectures
General Constitutional Objectives
Module: 2 Making of the Constitution: United Kingdom, USA, 7 Lectures
Canada and India
Module: 3 The Constitution and its relationship with Statehood, 7 Lectures
Territoriality and Citizenship
Module: 4 Forms of Government: Federal and Unitary 7 Lectures
Module: 5 Federal – USA, India, Australia, Canada etc. 7 Lectures
Module: 6 Unitary – UK, France 4 Lectures
Module: 7 Constitutionalism and Rule of Law: Rights Regime and 7 Lectures
their Protection
Module: 8 Separation of Powers and Checks and Balances: 7 Lectures
Executive, Legislature and Judiciary
Module: 9 Judicial Review 7 Lectures
Module: 10 Constitutional Law and Millennium Development 7 Lectures
Goals – Globalization and
Module: 11 Amending Powers – Limits 7 Lectures
IONAL LAW
SUGGESTED READINGS*
Books
1. D.D.Basu, Comparative Constitutional Law (2nd ed., Wadhwa Nagpur, 2008).
2. D.D.Basu, Comparative Federalism (Lexis Nexis, 2007).
3. DD Basu, Introduction to the Constitution of India (Lexis-Nexis-Butterworth-Wadhwa,
2008).
4. Dr. Subhash C Kashyap, Framing of Indian Constitution (Universal Law, 2004).
5. Erwin Chemerinsky, Constitutional Law, Principles and Policies (3rd ed., Aspen, 2006).
6. Granville Austin, The Indian Constitution: Cornerstone of a Nation (OUP, 2008).
7. M.P. Singh, Comparative Constitutional Law (Eastern Book Company, 2011).
8. M.P.Jain, Indian Constitutional Law (6th ed., Wadhwa, Nagpur).
9. Mark Tushnet, Why the Constitution Matters (Yale University Press, 2010).
10. Methods of Comparative Law (Edward Elgar Publishing, 2012).
11. Neal Devins and Louis Fisher, The Democratic Constitution (Oxford, 2010).
12. Sudhir Krishna Swamy, Democracy and constitutionalism in India – A study of the Basic
Structure Doctrine (Oxford University Press, 2009).
13. Vicki C. Jackson, Mark V. Tushnet, Comparative Constitutional Law (2nd ed. Foundation
Press, 2006).
* Suggested Readings are not exhaustive. Need to be supplemented with additional readings.
Articles
1. Bruce Ackerman, “The New Separation of Powers” 113 (3) Harv. L. Rev. 634-72 (2000).
2. Levinson, Daryl J. and Richard H. Pildes, “Separation of Parties, Not Powers." 119(8)
Harvard Law Review 2311-2386 (2006).
3. Mark Tushnet, “Returning With Interest: Observations on Some Putative Benefits of
Studying Comparative Constitutional Law”, 1 U. Pa. J. Const. L. 325
4. Mark Tushnet, “The Inevitable Globalization of Constitutional Law”, 49 Va. J. Int'l L.
985 (2008-2009).
5. Mark Tushnet, “The Possibilities of Comparative Constitutional Law” 108 Yale.L.J. 1225
(1999).
6. Michael J. Klarman, “What's so Great About Constitutionalism?” 93 Nw. U.L. Rev. 145
Note: This syllabus is subject to changes. Appropriate cases and acts will be discussed during
the lectures. If necessary additional information on reading and reference sourcing will be
provided as the course proceeds.
Instructor Details
Name of the Instructor: Prof. (Dr.) Ajay Kumar
Email: [email protected]
