Constitutional Design Class 9 Ppt Free Download Free

These issues are of relevance to people who hope to work in the State Department, international organizations (such as the UN), and many non-governmental organizations. These classes also provide a valuable perspective from which to think about the Constitution and process of government in the U.S.

The Center for Constitutional Democracy (CCD) works with constitutional reformers to build democratic institutions, practices and cultures in countries marked by ethnic, religious, linguistic, and other divisions. The Center offers 7-8 students each year the opportunity to become JD affiliates. Affiliates work with the CCD on research projects related to the constitutional advising work. In the past, such work has included research for the first-ever constitutional commentary on Liberia's constitution, travel to Thailand for consultation with Burmese democratic reformers, and travel to Liberia to meet with the Constitutional Review Committee. Affiliates are also invited to participate in the Center seminar series, which brings speakers from around the world to discuss topics related to democracy and constitutionalism.

Constitutional Design Class 9 Ppt Free Download

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This course will address the process by which constitutions are designed and the implications of the design choices made. The former raises extremely important issues of political theory (as well as practical politics). That is, how is that that some discreet set of people claim the authority to draft a constitution for the society at large. This is an especially pressing issue for anyone who takes the theory of "popular sovereignty" seriously. Who can legitimately claim to speak for "We the People"? As we will see, actual constitutions have been drafted by a myriad of different processes. Does process matter? For example, how important is popular "ratification, a very common part of the overall process in the contempoary world (but absent, notably, with regard to the United States Constitution proposed in 1787)? But then there is the second question of the actual importance of the design choices made by "framers," whoever they may have been. This part of the course will involve looking at materials drawn from political scientists as well as lawyeers. How important, if at all, is the choice of a "presidentialist" system insead of a "parliamentary" one? Are Bills of Rights ultimately the "parchment barriers" that Madison suggested they would be?

The final grade will be based on two papers written during the course of the semester (one before the spring break, the other afterward) responding to the assigned materials for a given class and subject, which will count for half the final grade, and then a two-hour in-room final examination at the end of the courses. If a student is at the cusp between two grades, then class participation will be used to decide whether to boost the final grade. A student can write a seminar paper in lieu of the final examination, though only with advance approval of the teachers.

It goes against the constitutional values because in the paragraph women are shown as inferior, unequal as weak and fragile who should serve men. However, the Constitution has provided equal rights to women. They enjoy the right to vote, can take up any job, and are paid equal wages for the same work.

Understanding what James Madison's opponents sought and won at the U.S. Constitutional Convention revises our understanding of the founders' original intentions for the durable framework that has structured American political development. The Constitution is the by-product of expedient accommodations forced on Madison. Madison sought broad national authority independent of state governments and a swift victory for population-based congressional representation. Delegates from economically disadvantaged states opposed these plans, seeking instead to nationalize only selective public goods, to maintain most state policy autonomy, and to minimize contingencies imposed by other governments. Connecticut's delegates, particularly Roger Sherman, played a pivotal role in spoiling Madison's agenda and altering his substantive plans for Constitutional design. Madison's Convention opponents are responsible for a Constitution that nationalized only enumerated public goods and imposed potentially high transaction costs on any further nationalization of policy authority. They helped make federalism a lasting political weapon used to win substantive policy outcomes.

Professor Bednar's research is on the analysis of institutions, focusing on the theoretical underpinnings of the stability of federal states. Her most recent book,The Robust Federation demonstrates how complementary institutions maintain and adjust the distribution of authority between national and state governments. This book makes two theoretical contributions to the study of federalism's design. First, it shows that distributions suggested by a constitution mean nothing if the governments have no incentive to abide by them, and intergovernmental retaliation tends to be inefficient. The book's second contribution is that while no institutional safeguard is sufficient to improve the union's prosperity, institutions work together to improve compliance with the distribution of authority, thereby boosting the union's performance.

Professor Bednar is also interested in constitutions: specifically, the potential that constitutional design has to affect the behavior of heterogeneous populations with decentralized governmental structures.

The Center for Constitutional Design brings together the top minds in constitutional law and practice to explore the most pressing issues facing democracy at home and abroad. Join us for these important discussions.

Second, the problem of head-of-state removal is acute in presidential and semi-presidential systems. It does not arise in the same fashion in parliamentary systems that employ a vote-of-no-confidence measure to remove heads of government (cf. p.18). The difficulty of head-of-state removal, moreover, is not limited to the design of an impeachment-like mechanism. As one of us explored in prior work, a presidential or semi-presidential system must also grapple with the question of whether to impose term limits to mitigate the risk of partisan entrenchment. As recent experiences in Honduras, Niger, and Burundi vividly show, a polity must then struggle with the attendant problem of how to enforce such a constraint against a recalcitrant leader.

Given these plural risks, it is hardly surprising that constitutional designers have proved increasingly unwilling to adopt a presidential form of government. The following graphic plots the numbers of parliamentary, semi-presidential, and presidential systems over time to underscore this point:

Access to justice is a persistent and pressing problem in the American legal system. Significant structural barriers prevent people from exercising their rights and from getting fair outcomes from the civil legal system. Moreover, their lack of access to fair and equitable dispute resolution re-enforces existing systems of inequality. Drawing mostly on an emerging empirical literature on access to justice, this seminar will focus on the obstacles to providing quality civil legal aid and on solutions, including making courts less complex, increasing the supply of lawyers, and offering dispute resolution outside of the legal system. This class requires a major paper (6000-7500 words).

This course will study the law governing the administrative state - the executive departments of the federal government. Among other things, we will consider the constitutional foundations of the administrative state; the statutes, especially the Administrative Procedure Act, that govern administrative agencies; presidential control of administrative agencies; the role of agencies in interpreting statutes and regulations; and judicial review of agency action. A central theme is the tension between values associated with the rule of law (such as procedural regularity, transparency, democratic accountability, and reasoned decisionmaking) and the demands of effective executive action. Students' grades are based on a final examination.

This course examines major themes and interpretations in the history of American law and legal institutions from the earliest European settlements through the Civil War. Topics include continuity and change between English and American law in the colonial period; the American Revolution and its consequences for state and national law; the drafting, ratification, and interpretation of the U.S. Constitution; debates over federalism, commerce, citizenship, and slavery; and the constitutional and legal consequences of the Civil War. Students who have taken American Legal History, 1800-1870: Revolution to Reconstruction should not enroll in this course.

What is the optimal model for church-state relations? Throughout history, nations wrestled with this question and experimented with setting the bounds in different places. In this seminar, we will read classic texts (e.g. J.S. Mill, Kymlicka, Okin) that offer different theoretical approaches to constructing the church-state relationship, and will explore the shifting American model in comparison to alternative models developed in other countries. Students will write a series of reaction papers. 17dc91bb1f