Constitutions and constitutional law raise a range of difficult philosophical questions. These questions are both descriptive and normative in nature. What exactly is a constitution? Does every legal system necessarily have one? What is the source of constitutional legitimacy? What role should judges play in interpreting and enforcing constitutional law? Should questions of social justice be resolved by and through the constitution?
This module is theoretically-focussed, and will be of particular interest to those with an interest in legal and political philosophy.
Topics that will be studied include:
1. The Nature and Functions of Constitutions
2. ‘The People’ and Constituent Power
3. Political Representation
4. Deliberative Constitutionalism
5. The Rule of Law
6. Constitutional Interpretation
7. Constitutions and Socio-Economic Justice