Constitutional Revolutions: Judicial & Political
The course will examine real and presumed constitutional revolutions carried out by assemblies, negotiating fora and courts in three different settings marked by three types of political transitions. We will concentrate in particular on post colonial India, neo-liberal Israel and post communist Hungary. In the first a constituent assembly has carried out the task of foundation, while in the second the initial project of producing a written constitution failed entirely. The round table led transformation of the third has only led so far to an interim constitution made quasi-permanent. Yet in all three constitutional or supreme courts have played a dramatically important if different roles in constitution making and entrenchment. We will examine the meaning of these differences as well as the striking convergence.