Global Constitutionalism: Rise, Decline, Resilience LAW5235
- Academic Session: 2025-26
- School: School of Law
- Credits: 20
- Level: Level 5 (SCQF level 11)
- Typically Offered: Semester 2
- Available to Visiting Students: Yes
- Collaborative Online International Learning: No
- Curriculum For Life: No
Short Description
The course offers an advanced introduction to the framework of global constitutionalism to analyse key challenges, crises and complexities in the contemporary global legal order. Global constitutionalism is the idea that constitutional principles - such as the rule of law, human rights, separation of powers and democracy - apply beyond the nation-state, shaping the norms and structures of international governance. The course begins with an introduction to the foundational ideas, principles and institutions of global constitutionalism, examining whether a constitutionalist framework can explain certain elements of global and regional legal orders. It then focuses on a set of case studies to investigate contemporary contexts that are reflective of global constitutionalism, such as the European Union as a regional constitutional polity, the role of international criminal law and the International Criminal Court in enforcing individual accountability and justice, and international environmental law as a response to transnational ecological crises. Through these case studies, students will critically assess the factors that affect the rise, decline, and resilience of constitutional principles, equipping them to navigate a rapidly evolving and turbulent global landscape.
Timetable
10 two-hour seminars for up to 35 students.
Requirements of Entry
n/a
Excluded Courses
n/a
Co-requisites
n/a
Assessment
One 4,000 word essay on a topic of the student's choice (80%)
One set exercise which consists of reaction paragraphs for each seminar (20%)
Course Aims
The course aims to equip students with the conceptual and methodological tools to identify, apply and challenge the framework of global constitutionalism in a number of contemporary contexts. It will enable students to navigate and discuss the current crises of the global order combining insights from public international law and constitutional law to gain a more perspicuous understanding of its complexity. The seminar form also hones transferable skills of formulating effective questions and arguments about a legal topic with a view to challenging dominant narratives in and about international law. It encourages students to practice epistemic humility, to recognise and understand the limits to our own knowledge and how this might influence analysis and interpretation of questions of international law in times of crises.
Intended Learning Outcomes of Course
By the end of this course students will be able to:
■ Distinguish and understand constitutional perspectives on the global legal order and institutions
■ Evaluate the cogency of global constitutionalism as an overarching framework of analysis
■ Apply the framework of global constitutionalism to the current crises of the global order
■ Use critical legal thinking and skills in analysing contemporary issues in international law and understand the limits of their knowledge and conceptual frameworks
Minimum Requirement for Award of Credits
Submission of the summative assessment.