About the Course:
A comparative approach to Constitutional interpretation has long been found useful by the Indian Supreme Court. From the interpretation of the equal protection clause to the use of the doctrine of strict scrutiny, the impact of American constitutional interpretation has been seen on the Indian Supreme Court’s adjudication. The understanding of federalism and its impact on the interpretation of the many constitutional provisions have also benefitted from a comparative perspective. The German origin of the ‘Basic structure’ doctrine is also wellknown.
In a globalizing legal order, comparative constitutional law has witnessed a growth. Even in countries which traditionally did not see much use for comparative perspectives, notably the United States, there is increasing willingness to refer to comparative materials. India has never been shy of looking at comparative materials to interpret the Indian Constitution and there is a growing reference to other constitutions in the Supreme Court today. Most of the important constitutional judgements given today have references to other constitutional experiences.
This teaching seminar aims to provide participants with a perspective on the growing use of comparative material in constitutional law, its need, use and mis-use. The expansion of socio-economic rights in India has benefitted from constitutional experience in other countries. On the other hand, the import of the doctrine of strict scrutiny and other doctrines has raised questions about their applicability in the Indian context. The National Court of Appeals case in the Supreme Court will also be argued in terms on comparative constitutional design as has the case of Judicial Appointments.
The lectures planned around these and other themes will provide for expert insights into the merits and demerits of the use of comparative constitutional material. The seminar will allow for interaction with the resource persons and presentations by the participants. The objective of the seminar is to improve the understanding of comparative constitutional law and its use in the interpretation of the Indian Constitution for students interested in constitutional law.
Who should attend?
Organisers: Apart from under graduate and post graduate students of law, students with an interest in comparative law, law and governance and public policy will find the course easily accessible and one that reflects their interest areas as well the interests of law students. Research scholars and young professionals with an interest in comparative constitutional law can also apply. Candidates will be given a certificate on successful completion of the one week course. The candidates desirous of attending the course may send the filled application form at email@example.com on or before 15 th September 2016. The selected candidate will be confirmed within two days.