Constitutionalism and Democracy: Domestic and Global [C, E]
This course considers the problem of democracy and constitutionalism beyond the nation state perspective. At issue are both constitution-making and the structure of constitutions and constitutional treaties. We consider issues of classical confederations and federal states, as well as modern structures like the European Union which are difficult to fit into these categories. Throughout, we discuss the relevant theoretical concepts of The Federalist
, of Schmitt, Kelsen, and more recent writers. Finally we consider the type of constitutional arrangements that would be appropriate for the international community.