Around the world, fundamental political questions are often debated and decided in constitutional terms, and in the United States, the constitution is invoked at almost every turn to endorse or condemn different policies. Is adhering to constitutional terms the best way to safeguard rights and to achieve a successful democracy? When and how do constitutions matter to political outcomes? This course centers on these questions as it moves from debates over how constitutional drafting processes should be structured and how detailed constitutions should be, to the risks and benefits of different institutional structures (federal v. unitary, and the distribution of powers between the executive, legislature, and judiciary), to which rights (if any) should be constitutionalized and when and why different rights are protected, closing with a discussion of what rules should guide constitutional amendment and rewrite. For each topic, we compare how these issues have been resolved in the U.S. with alternative approaches in a wide variety of other countries around the globe. The goal is not only to expose students to the variety of ways, successful or unsuccessful, that other political communities have addressed these issues, but also to gain a more contextualized and clearer understanding of the pros and cons of the U.S. model, its relevance for other democratic or democratizing countries, whether and how it might be reformed, and, generally speaking, when/how constitutions matter for democratic quality and stability.
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