Professor: Bruce Frohnen
Day/Time: Mondays and Wednesdays, 9:40-11:10
Room: 127
Professor’s Office: Room 187, 419-772-1950
b-frohnen@onu.edu
Office Hours: MW 2-3 and by appointment
Comparative Constitutional Law
Fall 2013
In this course we will examine structural, procedural, and substantive aspects of
constitutionalism as practiced in a number of contemporary nation-states, as well as,
provisionally, the European Union. The goal will be a better understanding of the nature,
requirements, benefits, and constraints of constitutional government. An important set of
background issues will center around the extent to which constitutionalism can be taken and used
as a language and practice separate from the customs and circumstances of any particular
people(s) and/or society.
The text is Jackson and Tushnet, Comparative Constitutional Law (2nd Edition). You
also will need the textbook’s documentary supplement. On at least three occasions I will assign
separate readings, which will be made available to you either directly or through my
Administrative Assistant, Peggy Cain. Ms. Cain can be reached at p-cain@onu.edu or 419-7722479.
Your grade in this course will be determined by the quality of your performance in three
areas: a final examination, a comparative constitutional law paper, and contributions to in-class
discussion.
The final examination will be held at the end of the semester, on the day and time
scheduled for this class by the law school. The exam will be worth sixty percent of your grade.
Your paper will be due at the beginning of class on Monday, November 5. It will be a
maximum of 15 pages in length, and will identify a central, foundational principle of your native
constitution, explain its embodiment in a specific provision(s) of that constitution, and analyze it
in comparative perspective. The paper will be worth thirty percent of your grade. I am available
to discuss topics (and any other questions regarding the paper and/or the course) during my
office hours. You also should feel free to talk with me after class or contact me to arrange
another mutually convenient time to meet.
Your contribution to in-class discussion will be worth ten percent of your grade.
To encourage participation and a learning-friendly environment for everyone, the
use of laptop computers, I-Pads, cell phones, or other electronic devices will not be
permitted during class.
Below is a schedule of class topics and readings. We will attempt to stick to this
schedule, but I reserve the right to extend some discussions into succeeding class times should
that seem necessary for pedagogical reasons. Unless otherwise noted, all pages listed are from
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the Jackson/Tushnet text. You are responsible for any reading in the documentary supplement
referenced in the text.
Date
August 26
Topic
Constitutionalism and the Rule of Law
Readings
Lon Fuller photocopy
August 28
Constitutions and Constitutionalism
General Considerations
Pages 212-43
September 4 Constitutions and Constitutionalism
Constitutions without Constitutionalism
Pages 243-73
September 9 Creating Constitutions
Creating Constitutional Legitimacy;
Constitutional Change and Legitimacy
Pages 274-324
September 11 Creating Constitutions
Modern Constitutional Regime Change
Pages 324-65
September 16 Creating A Constitutional Court—Creating a Constitution? Photocopied materials
September 18 Constitutional Courts: Structure and Procedure
Structure and Function
Pages 464-496
September 23 Constitutional Courts: Structure and Procedure
Structure, Composition, Appointment &
Jurisdiction
Pages 497-551
September 25 Constitutional Courts: Structure and Procedure
Adjudicatory Procedures
Pages 551-84
September 30 Constitutional Courts and Constitutional Adjudication
Legitimacy and Foundational Cases--Germany,
France and Israel
Pages 586-611 &
Pages 632-45
October 2
Constitutional Courts and Constitutional Adjudication
Judicial Reasoning--Canada, Israel and the United
States
Pages 652-700
October 7
Constitutional Courts and Constitutional Adjudication
Proportionality as a Principle of World
Constitutionalism & Judicial Legitimacy and Judicial
Efficacy
Justiciability, Judicial Activism and Judicial Review
Pages 701-737
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October 9
Separation of Powers
Comparative Structures of Representative Government
Pages 778-825
October 16
Separation of Powers
Commitment to Hostilities
Legislative and Executive Power in Emergencies
Pages 825-91
October 21
Separation of Powers
Emergencies, Foreign Affairs and Courts
Pages 891-925
October 23
Federalism, Power Sharing, and Minority Protection
Federal Structure and Political Power
Pages 926-81
October 28
Federalism, Power Sharing and Minority Protection
Federal Structure and Political Power--Federalism,
Centralization and Decentralization
Pages 1012-40
October 30
Federalism, Power Sharing and Minority Protection
Federalism and the Protection/Accommodation of
Minorities--Canada
Pages 1040-75
November 4
Federalism, Power Sharing and Minority Protection
Federalism and the Protection/Accommodation of
Minorities—Belgium
Pages 1075-1102
Additional materials
to be distributed
November 6
“Of Citizens and Citizenship”
Federalism, Power Sharing and Minority Protection
Federalism and the Protection/Accommodation of
Minorities— Tolerance, Federalism and
Liberalism
Photocopied material
Pages 1116-38
November 11 Federalism, the Assumption of State Boundaries and
the Limits of Law?
Pages 1138-66
November 13 Case Study: The New Hungarian Constitution and its
Reception
Photocopied materials
November 18 Case Study Continued
November 20 Conclusion
Materials may be
assigned
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