Comparative Constitutional Law
Comparative Constitutional Law
Comparative Constitutional Law
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Instructions to students:
1. This is a take-home exam. You will have one week from the date this question paper is circulated to submit
your answer. Choose any one (1) of the questions below and write an essay discussing the issues raised within
it and any other issues that you think are relevant. Your essay should be organized into clear sections
(introduction, body, conclusion) and be divided into paragraphs. The essay should be between 3,500 and 4,500
words. It should be double-spaced, in Size 12, Times New Roman Font.
2. Plagiarism is strictly prohibited and will be penalized.
3. DO NOT write your Name and Student Id. No. anywhere on the answer book.
4. Students undertaking the examination are requested to adhere to the University norms related to examinations.
Questions
(1) Discuss how theories of horizontal separation of powers have developed after Montesquieu. You should
draw on the theories of Bruce Ackerman and David Landau in your answer. You should also take a
position on whether these new theories have a value/purpose in conceptualizing separation of powers in
developing countries.
(2) What is the purpose of federalism? Is it simply a method of administration or does it confer substantive
benefits? Write an essay outlining your views on the value/s, if any, of federalism within a democratic
constitutional framework. Your essay should draw upon examples from jurisdictions covered in the class
readings and discussions.
(3) Discuss the Scalia-Breyer Debate that we examined in the first week of class. Who do you think has the
better of the arguments? And what does the nature of their debate tell us about the state of comparative
constitutional law today?
(5) Choose any of the rights studied in Weeks 9-14. Write an essay that discusses at least two different
approaches to conceptualizing and/or enforcing this right. Your essay should take a position on which of
these approaches is preferable and give reasons to support that position. Alternatively, you may discuss
how two or more approaches are flawed and suggest your own method of conceptualization and/or
enforcement.
(6) Since 1945, there has been an exponential rise in the number of countries with written constitutions
enforced by specialized constitutional courts. Is the rise of judicial review a positive development?
Drawing on readings and discussions in class, make a case either for or against the “judicialization” of
politics in the past half-century.