Handbook

This course will provide students with an introduction to constitutionalism in the Global South. The idea of constitutionalism is a key aspect of liberal democracy and the rule of law, and is seen as important to political stability and economic development. Constitutionalism has, however, been understood based on Global North conceptions of state development. As a result, in postcolonial societies, many of the assumptions in comparative constitutional law do not fit. This course will provide students with the opportunity to engage with the idea of constitutionalism in the Global South from a range of theoretical perspectives. Core themes of the course include the role and function of judicial review; constitutional courts; human rights; constitutions in authoritarian regimes; and constitutional migration, particularly South-South legal borrowing. The course will draw upon key case studies from jurisdictions across Africa, Latin America and Asia.