Dr. Michael Giudice

E-mail: giudice@yorku.ca (for questions and to set up an appointment)

Office hours: by appointment only.  I will be available to meet, in person or over zoom.  To arrange a meeting, please e-mail me at giudice@yorku.ca

This course examines the nature of constitutions.  We will ask the following set of core questions: What is a constitution?  Why are constitutions thought to be valuable?  What do they promise to deliver?  What does a society commit itself to in recognizing in law fundamental divisions of power and sometimes basic rights and freedoms?  Existing and proposed constitutions give rise to unique and heated disputes.  We will attempt in this course to build understanding of the nature of constitutions and why their characteristic features are often matters of divided and mixed commitment.  We will also examine various debates surrounding, for example, protection of group rights, secession, sovereignty, and recognition of Indigenous legal orders.

Technical requirements for taking the course: internet access, and software necessary to view Microsoft Office files (MS Word and MS PowerPoint), Adobe Reader (for pdf files).

Mode of Delivery: This course will be delivered fully in person on the scheduled days and times.

There are no textbooks.  All readings will be made available on eClass.

Test:                                                                   25% (February 24, 2025)

Essay:                                                                    35% (due: November 27, 2024)

Exam:                                                                    40% (date set by the Registrar)

The class meetings will be organized as a combination of lecture and discussion.  Key themes, presumptions, and examples from the weekly readings will be presented, together with discussion questions and space for other questions arising from the readings and discussion as it develops.  The required readings are central to the course and must be read carefully.

The purpose of this course is to assist students in understanding the nature of constitutions and constitutional disagreement.  In addition to this course-specific goal, students will also improve their ability to read, criticize, present, and defend arguments both verbally and in writing.  These skills are transferable not just to further study in philosophy and related disciplines but are also fundamental to success in the legal profession, public service, business, and many other areas of life which will reward you for being able to think, speak, and write clearly and compellingly.

Reading Schedule (*tentative)

*Note: all readings will be available on the eClass website

Jan 6, 8:         Introduction to the Course (no readings)

Jan 13:          Edwards, Patriation, Quebec Secession, Manitoba Language

Jan 15:          Sauve v Canada, R. v. Keegstra, Ktunaxa v. B.C.

1. Disagreement, Democracy, and Judicial Review

Jan 20, 22:    Waldron, “The Core of the Case Against Judicial Review”

Jan 27, 29:    Waluchow, “Constitutions as Living Trees: An Idiot Defends”

1. Public Reason and Recognition

Feb 3, 5:        Rawls, “The Idea of Public Reason Revisited”

Feb 10, 12:    Taylor, “The Politics of Recognition”

Feb 15-21:    Winter Reading week

Feb 24:         Test (25%)

Feb 26:           Discussion of Essay assignment

III. Pluralism, Self-Determination, and Secession

Mar 3, 5:       Walker, “The Idea of Constitutional Pluralism”

Mar 10, 12:    Margalit and Raz, “National Self-Determination”

Mar 17, 19:    Buchanan, “Theories of Secession”

1. Reconciliation and Indigenous Law

Mar 24, 26:  Borrows, “Constitutional Law from a First Nation Perspective”

Mar 31, Apr 2:  Sanderson, “Overlapping Consensus, Legislative Reform, and the Indian Act”

Apr. 4:        Essay is due (25%)