Constitutionalism in Context: Towards a New Conception of the Field of Comparative Constitutional Law

Comparative constitutional law is a sprawling and thriving field, but it has its blind spots. Its traditional substantive focus has been the judicial protection of rights in liberal democracies, while its traditional geographical focus has been a handful of liberal democracies in Western Europe and the common law world with judicial review. This unofficial canon does not begin to capture the actual diversity of constitutional law and politics around the world. For example, Asia, Latin America, the Muslim world, and the Global South are largely neglected, as is the study of illiberal and authoritarian regimes.

Filling these gaps will require that we practice pedagogical as well as methodological pluralism by identifying and implementing alternative conceptions of the field of comparative constitutional law. This seminar will critically examine and compare five competing conceptions, which might be called instrumentalism, tourism, immersion, abstraction, and representation. The last of these conceptions is inherently well-suited to addressing the blind spots in the literature, and the newly published Constitutionalism in Context offers an example of how it might be implemented – namely, by targeting an unconventional yet broadly representative and genuinely global selection of topics and jurisdictions.

Covid-19 vaccine cards & masks are mandatory to attend. No food allowed in the class.

The event will be held in-person and virtually. To join a Zoom meeting, please email Shigenori Matsui to RSVP and get a link. 

ABOUT THE SPEAKER

David S. Law is the E. James Kelly, Jr., Class of 1965 Research Professor of Law, Courtesy Professor of Politics, and Affiliated Faculty of the East Asia Center at the University of Virginia, and Honorary Professor of Law (formerly Sir Y.K. Pao Chair in Public Law) at the University of Hong Kong. Born and raised in British Columbia, he holds a J.D. from Harvard, a Ph.D. in political science from Stanford, and a B.C.L. in European and Comparative Law from Oxford.