LAW 2799 - Constitutional Theory
Much recent debate has centered around the proper way to interpret and apply our Constitution. This course examines the theoretical concepts that guide constitutional decision making. Students analyze various theories of interpretation, such as “neutral principles,” “original intent,” “representation reinforcement,” “fundamental rights” and “civic republicanism,” which have been developed in an attempt to explain how the text should be understood. The theories and their limitations are then examined in the context of specific areas of constitutional decision making, including separation of powers, federalism, judicial review and equality, with attention to the implications that these theories have for the resolution of specific current problems.
Prerequisites & Notes
Constitutional Law I and II.
Credits: 2 or 3
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