Comparative Constitutional Law
Fall, 2008
Professor Francis J. Conte
I. Course Description
Comparative Constitutional Law:
In this course, students will be introduced to and will explore, compare and
analyze the constitutional systems and fundamental rights of the United States, the
European Union, the European Convention on Human Rights and Fundamental Freedoms
and in certain respects the Constitution of the Republic of Poland and decisions of the
Constitutional Court of Poland
II Course Overview
A. Introduction to Fundamental Rights and Constitutional Systems in Europe
and the U.S.— Course Requirements
B. European and U.S. Institutions and Federalism Principles
1. History, Institutions and Legislative Processes of the U.S. and EU
2. Federal Systems: U.S. Constitutional History; Distributions of Powers,
Supremacy, Subsidiarity, Judicial Review, and Jurisdiction
C. Fundamental and Civil Rights in the U.S. and Europe
1. Fundamental and Civil Rights in the U.S. and under the European Convention
on
Human Rights- Freedom of Speech and Expression; Rights of Privacy and
Personal
Autonomy
2. Constitutional Rights in Poland
D. Mobility Rights (Travel, Work, Benefits and Residence), Social and Equality
Rights
(Race. Gender, Sexual Orientation, Disability and Other Areas of Classification
in the
U.S. and the EU.
Research Paper and/or Exam Topics Assignment: Legal Research and Writing
of Paper or Exam Topics (to be discussed in class) Addressing one area of
Rights or
Constitutional Institutions in the U.S., in the EU and Poland or under the
European
Convention on Human Rights and Providing a Thoughtful Comparative Analysis
in at
least two different systems.
Comparative Constitutional Law
Syllabus
In this Comparative Constitutional Law course students will be primarily exposed to
two constitutional systems, one national and federal system, the United States (U.S.), the
other international and federal, the European Union (EU), an international treaty system
of fundamental rights, the European Convention on Human Rights and Fundamental
Freedoms, and some constitutional provisions and principles from other systems such as
the Constitution of the Republic of Poland. Students and citizen participants in these
systems will benefit from deeper understanding of the doctrines and values underlying
the provisions and principles that form these constitutional systems and the rights and
freedoms that are critical to them, and will develop creative and helpful
insights into how democratic principles, rights and freedoms can be instrumental in
sustaining flourishing national and international societies.
The reading assignments set forth below are from the Comparative Constitutional Law
materials compiled by Professor Conte for this course which are being made available to
students in hardcopy and by access to a course website. Copies of each of thirteen
assignmemts will be posted on the course website that the students will be provided
access to. Students should read the assigned materials carefully and be prepared for
discussions of the factual and procedural backgrounds of the cases, the constitutional
principles and provisions implicated by them and the reasoning of the court in each case.
The syllabus and discussion opportunities among Polish students, American and
Polish students, and with Professor Conte will also be made available on the course’s
website
Assignment
Date
Pages to Read
for discussion
October 1
1-60
October 8
65-112
October 15
121-145
October 22
146-150; 153-155; 157-162; 168-176; 163-165; 178-181
October 29
177; 182; 185-194; 217-221; 226-233
November 5
235-263; 306-310; 264-276
November 12
277-297; 329B- 347
November 19
311-329; 298-305
November 26
348-382
December 3
384-402; 404-420
December 10
421-442; 448-450; 443-444
December 17
457-470; 481-483
January 7
485-525