Professional Documents
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Aurangabad,
India
OPTIONAL PAPER
B.A.LL.B. – SEMESTER IX
Batch – 2017-2022
FACULTY
Ms. Neha Tripathi
Assistant Professor of Law, MNLU, Aurangabad
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COURSE OUTLINE
Objective of the Course:
Comparative constitutional law is a newly energized field in the early 21st century. Never
before has the field had such a broad range of interdisciplinary interest, with lawyers,
political scientists, sociologists and even economists making contributions to our
collective understanding of how constitutions are formed and how they operate. Never
before has there been such demand from courts, lawyers and constitution-makers in a
wide range of countries for comparative legal analysis. And never before has the field
been so institutionalized, with new regional and international associations providing fora
for the exchange of ideas and the organization of collaborative projects.
This course is designed to examine from a comparative perspective –legal structure and
concepts that are found in Constitutions across the world, percepts such as basic rights,
rule of law, systems of governance, judicial review, to name a few. Comparative
Constitutional Law course is intended to make students familiar with the constitutional
systems of a few countries, in particular the constitution of United States of America and
few other emerging constitutions along with the Indian Constitution. Students will be
benefitted from deeper understanding of the doctrines and values underlying the
provisions and principles from various constitutional systems.
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Students read cases discussed in the text-books, as well as more detailed law
reports or online case digests and commentaries
Students participate in class discussions to crystallize the concepts
Guided Study:
Guided study includes textual readings, review of articles on contemporary legal issues,
written assignments, and case analysis and class presentations.
Student Assessment:
Student performance is assessed on a continuous basis throughout the term on their class
participation, written assignments, debates and class presentations. These exercises are
graded. Plus there are major examinations during the term - the end-term examinations.
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MODULE-1: CONSTITUTIONS, CONSTITUTIONALISM AND RULE OF LAW
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MODULE-4: THE ORGANIZATION OF DEFENSE POWER: THE WAR
POWER, MARTIAL LAW AND EMERGENCY; EFFECT OF EXERCISE OF
DEFENSE POWER ON FUNDAMENTAL RIGHTS.
CASES
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SUGGESTED READINGS
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Zachary Elkins, Tom Ginsburg (et al). The Endurance of National Constitutions.
Cambridge University Press (2009).
Benjamin N. Cardozo. The Nature of Judicial Process. (Delhi. Universal).
Alexander Bickel: The Least Dangerous Branch. Yale University Press.
Jefferey Rosen: The Most Democratic Branch. Oxford University Press, 2006.
T.M. Cooley. A Treatise on Constitutional Limitations. (Calcutta. Hindustan Law
Book Co.).
R.F.V. Heuston. Essays in Constitutional Law. (Delhi. Universal).
Laurence H. Tribe. American Constitutional Law. [New York. Foundation Press].
2000
Laurence Tribe. Constitutional Choices. (Delhi. Universal).
Akhil Reed Amar (et al): Process of Constitutional Decision Making. ASPEN.
New York. USA.
Donald P. Kommers, (et al). American Constitutional Law. [New York, Rowman
& Littlefield Publishers, Inc].
Craig R. Ducat: Constitutional Interpretation. Thomson West. New York. USA.
Erwin Cherminsky. Constitutional Law, Principles and Policies. [New York.
ASPEN Publishers].
Brian. Z. Tamanaha, Rule of Law in United States in Randall Peerenboom (ed.),
Asian Discourses of Rule of Law, Routledge, London.
Robert Alexy: A Theory of Constitutional Rights. Oxford University Press.
Oxford.’
Michael Allen and Brian Thompson: Cases and Materials on Constitutional and
Administrative Law. Oxford University Press. Oxford.
Tony Blackshield & George Williams. Australian Constitutional Law and Theory.
The Federation Press.
B. Shiva Rao: The Framing of India’s Constitution (in 5 vols). Universal Law
Book Publishing Co. Pvt. Ltd. Delhi.
B.N. Rau: The Making of Indian Constitution. Allied Publishers, New Delhi.
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P.K. Tripathi: Spotlights on Constitutional Interpretation. Bombay, N.M. Tripathi
Pvt. Ltd. 1972
P.K. Tripathi. Some Insights into Fundamental Rights. Bombay, N.M. Tripathi
Pvt. Ltd.
M.P. Singh (ed.) Comparative Constitutional Law: Festschrift in Honour of P.K.
Tripathi. [Lucknow. Eastern Book Company]; 2011.
Granville Austin: The Indian Constitution: Cornerstone of a Nation. Oxford
University Press, New Delhi.
Granville Austin: Working a Democratic Constitution; The Indian Experience.
Oxford University Press, New Delhi.
H.M. Seervai: Constitutional Law of India: A Critical Commentary. Universal
Law Book Publishing Co. Pvt. Ltd. Delhi.
S.P. Sathe: Judicial Activism In India. Oxford University Press, New Delhi
(2007).
P. Ishwar Bhatt: Fundamental Rights: A Study Their Interrelationship. Eastern
Law House, Kolkata.
Upendra Baxi: Constitutionalism as Site for State Formative Practices. 21
Cardozo Law Review. 1183.
A.R. Blackshield. “Fundamental Rights” and the Institutional Viability of the
Indian Supreme Court. 8 JILI 139 (1966).
A.R. Blackshield. “Fundamental Rights” and the Economic viability of the Indian
Nation. 10 JILI 1 (1968).
William.W.Van Alstyne. A Critical Guide to Marbury v. Madison 1969
Duke.L.J.1 (1969). [Van Alstyne, William W., "A Critical Guide to Marbury v.
Madison" (1969). Faculty Publications. Paper 743. Available on:
http://scholarship.law.wm.edu/facpubs/743].
Mark Tushnet, The Possibilities of Comparative Constitutional Law 108
Yale.L.J.1225. (1999).
Donald Kommers, The Value of Comparative Constitutional Law, 9 J. Marshall J.
Prac. & Pro. 685 (1976).
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Roger P. Alford, In Search of a Theory for Constitutional Comparativism (2005)
52 UCLA L. Rev. 639.
Richard H. Fallon Jr., The Rule of Law as a Concept in Constitutional Discourse,
Columbia Law Review, vol.97 (1997) 1.
Sujit Choudhry, Globalisation in Search of Justification: Toward a Theory of
Comparative Constitutional Interpretation (1999) 74 Ind. L. J. 819.
Ursula Bentele, Mining for gold: The Constitutional Court of South Africa’s
Experience with Comparative Constitutional Law, available at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1169642.
Martha A. Field, “The Differing Federalisms of Canada and the United States”
(1992) 55 Law and Contemp. Probs. 107.
Jeremy Waldron, Rule of Law and Concept of Law, available at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1273005.
Joseph Raz, The Rule of Law and Its Virtue, The Law Quarterly Review, Vol 93
(1977).
Jack Wade Nowlin. The Constitutional Limits of Judicial Review: A Structural
Interpretative Approach, 52 Oklahoma Law Review 521 (1999).
Gustavo Fernades De Andrade, Comparative Constitutional Law: Judicial
Review, University of Pennsylvania Journal of Constitutional Law, vol.3, n.3,
2001, pp. 989-997
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