IILM UNIVERSITY GREATER NOIDA

SCHOOL OF LAW
COMPARATIVE PUBLIC LAW
L.L.M 2022-2023
Academic year: 2022-2023
Semester: 1
Credits: 3
Comparative Public Law
Course Code: SLL-LLM-CC-102

BRIEF MODULE DESCRIPTION:

Comparative constitutional law has its focus on the comparative study of the constitutions of
variable countries around the world. The comparative method in the different areas of study is
required to provide effective solution to the global problems. The comparative studies are also
very significant to improve the socio-economic action undertaken for the progress at the
municipal level. Comparative studies are very important for evolving the methods and structures
of governance and to evaluate them for the purpose of improvement. The comparison of the
constitutions leads to the improvement of the political and legal systems and it promotes better
understanding of the legislative, executive and administrative functions.

MODULE LEARNING GOALS

This course has the general objective of developing students' understanding of the subject
Comparative Constitutional Law and its relevance. The following learning objectives will be
emphasized:
MLG-1. Describe and discuss the importance of Comparative Constitutional Law, and to classify
the different kinds of constitutions. The concept of constitution and constitutionalism.
MLG-2. Develop the ability to criticize and compare written and unwritten, rigid and flexible,
unitary and federal system of governance.
MLG-3. Interpret and illustrate the constitutional concepts of separation of powers that envisages
keeping check and balancing between the three organs of the state.
MLG-4. Compare the working of executive, judiciary and the system of judicial review and
amendability of constitutions.
MLG-5. Apply the knowledge and understanding identified in the course objectives.

PROGRAMME LEARNING GOALS

1. Develop ability to access sources related to understanding of law and justice
2. Develop critical and analytical thinking for originality
3. Promote communication skills for transmission of well thought ideas on law and justice.
4. Develop an interdisciplinary approach to address socio- economic and organizational issues
5. Understanding of the substantive and procedural laws for their enforcement in global
context.
6. Inculcate the ability to seek innovative solutions to real-world problems.

UNIT-1 INTRODUCTION OF COMPARITIVE PUBLIC LAW

1. Meaning and Significance of Comparative Public Law

2. Scope and Classification of Comparative Law
3. Subject Matter of Comparative Public Law
4. Study and Methodology of Comparative Public Law

UNIT-2 CONSTITUTIONALISM AND THE CONSTITUTION

1. Constitutionalism and National Constitutions
2. World Constitutional Experiences
3. Federalism
4. Unitary and confederation system

UNIT-3 SEPARATION OF POWERS

1. Nature and Objectives of Separation of Power
2. Separation of powers in USA, England and France
3. Separation of powers in India
4. Functional Experiences

UNIT-4 INDEPENDENCE OF JUDICIARY

1. Judicial Review: Origin and Relevance
2. Comparison of Judicial Review in UK & USA
3. Judicial Review in India
4. Exceptions to Judicial Review
TEXT BOOKS-

 D.D. Basu, Comparative Constitutional Law (2nd ed., Wadhwa Nagpur).

 Mahendra P. Singh, Comparative Constitutional Law (Eastern Book Company).
 M.P Jain, Indian Constitutional Law, (8th edition), Lexis Nexis publications,2018
 V.N Shukla's Constitution of India (13th edition) Eastern Book Company,2017

REFERENCE BOOKS-

 Nuzhat Parveen Khan, Comparative Constitutional Law, Satyam Law International, New
Delhi.
 Vicki C. Jackson, Mark Tushnet, Comparative Constitutional Law (2nd ed., Foundation
Press, 2006).
 Vikram David Amar, Mark Tushnet, Global Perspectives on Constitutional Law (Oxford
University Press, 2009).
 Michel Rosenfeld & Andras Sajo, The Oxford Handbook of Comparative Constitutional
Law
 Hidayatullah M. Constitution Law of India
 Amar Akhil Reed,American Constitution ,A select Biblography.
 IILM UNIVERSITY GREATER NOIDA
SCHOOL OF LAW
INTERNATIONAL LAW
LLM: 2022-2023
Academic year: 2022-2023
Term: 1
Credits:3
Module Name: International Law
Course Code: SLL-LLM-CC104

Brief Module Description:

The purpose of this module is to provide law students with the necessary intellectual equipment
allowing them to approach any foreign law in a meaningful way. In particular, the module will
heighten students' sensitization to the specificity of foreign legal cultures and encourage them to
reflect in depth upon the possibilities and limits of cross-border interaction in the law. Another
feature of this module will be a critical introduction to international law, sources, extradition,
asylum, and the law of the seas.

Module Learning Goals

This course has the general objective of developing students' understanding of the International
Law and its relevance. The following learning objectives will be emphasized:
MLG-1. Understand the concept of international law.
MLG-2. Understand the law relating to seas.
MLG-3. Understand the sources of international law.
MLG-4. To have comprehensive view of the international humanitarian law.

Program Learning Outcomes:

1. Develop ability to access sources related to understanding of law and justice
2. Develop critical and analytical thinking for originality
3. Promote communication skills for transmission of well thought ideas on law and justice.
4. Develop an interdisciplinary approach to address socio- economic and organizational issues
5. Understanding of the substantive and procedural laws for their enforcement in global context.
6. Inculcate the ability to seek innovative solutions to real-world problems.
UNIT I: Introduction
a) Definition, Types and subject of International Law
b) Sources of International Law
c) Development of International Law
d) Relationship between International Law and Municipal Law

UNIT II: Contemporary International Issues

a) The International Protection of Human Rights
b) International Crimes – Genocide, War Crimes, Crimes against Humanity, Aggression
c) Recognition – State, Government, De facto and De jure, Withdrawal and Non-
Recognition
d) Territory – Territorial Sovereignty, Title, Exercise of Effective Control

UNIT III: The Law of the Sea

a) The Right of Innocent Passage, Exclusive Economic Zone, Contiguous Zone,
Continental Shelf and Territorial Sea
b) Rights and Duties of Coastal States and Landlocked States
c) Maritime Delimitation, High seas and Their Jurisdiction
d) State Jurisdiction

UNIT IV: International Humanitarian Law

a) Origin and Sources of International Humanitarian Law
b) Scope and Application of International Humanitarian Law
c) Relationship between International Humanitarian Law and Human Rights Law
d) Compliance and Implementation of International Humanitarian Law

Textbooks
 Malcolm N. Shaw: International Law, Eighth edition
 Dr. H.O. Agarwal: International Law and Human Rights
 Oppenheim, International Law, Biblio Bazaar, LIC, 2010.
 James Crawford Brownlie, Principles of International Law, Oxford University Press,
2013
 S.K. Kapoor, International Law, Human Rights, Central Law Agency, 2009
 Brownlie, International Law and the Use of Force by States, Oxford: Clarendon Press,
1991

Other Readings
 Starke, Introduction to International Law, Oxford University Press, 2013
 Shaw, International Law, Cambridge University Press, 2008 (6th Edn)
 A. Boyle & C. Chinkin, The Making of International Law, Foundations of Public
International Law, Oxford University Press, 2007
 R. P. Dhokalia, The Codification of Public International Law, United Kingdom:
Manchester University Press, 1970
 Mark Villiger, “The Factual Framework: Codification in Past and Present”, in Customary
International Law and Treaties, Mark Villger, pp.63-113, The Netherlands: Martinus
Nijhoff, 1985
 IILM UNIVERSITY GREATER NOIDA
SCHOOL OF LAW
LLM: 2022-2023
Academic year: 2022-2023
Term: 1
Credits:3
Module Name: Law and Justice in a Globalizing World
Course Code: SLL-LLM-CC-103

Brief Module Description:

The purpose of this module is to provide students, the understanding of the process of globalization
in all its dimensions and perspectives, to allow them to particularly appreciate the globalization in the
context of law and justice and the vice versa i.e., the law and justice in the context of globalization.

Module Learning Goals

This course has the general objective of developing students' understanding of the International
Law and its relevance. The following learning objectives will be emphasized:
MLG-1. Understand the concept of justice and
globalization

MLG-2. Understand the Processes of Law and

Justice as followed in different Jurisdictions.
MLG-3. Understand Justice with reference to specific issues of gendre and other social
diversifications
MLG-4. To have comprehensive view of Justice in broad perspectives of sustainability of the planet earth
and human society.
Program Learning Outcomes:
1. Develop ability to access sources related to understanding of law and justice
2. Develop critical and analytical thinking for originality
3. Promote communication skills for transmission of well thought ideas on law and justice.
4. Develop an interdisciplinary approach to address socio- economic and organizational issues
5. Understanding of the substantive and procedural laws for their enforcement in global context.
6. Inculcate the ability to seek innovative solutions to real-world problems.
UNIT-I
a) Law, Justice and Globalisation
b) Legal theories of Justice
c) Utilitarian Justice
d) Robert Nozick’s Libertarianism

UNIT-II
a) The basic concept of law and justice in Eastern thought and Indian philosophy, duty-based
justice system,
b) Theories of Justice: Nozick, Rawls, Posner, Ronald Dworkin
c) Buddha Philosophy
d) Justice, Sanatan dharma and Islam
e) Thoughts for human rights in Vedic Indian Tradition
f) Concept of Adal (Justice) in Islam
g) Gandhi-Sanger Debate
h) Communitarianism and Republicanism

UNIT-III
a) Feminism and Justice
b) Economic theory of law and justice- Coase, Calbresi, Posner and Marx
c) Emancipatory justice
d) Jay Prakash Narayan, Ram Manohar Lohia’s socialism
e) Annihilation of Caste
f) Need of representation

UNIT-IV
a) Concept of Planetary justice that includes non-human animals, nature and the environment
b) Impact of Globalisation on Human Rights
c) Impact of globalisation on administration of justice and access to justice
d) Global Justice and International Law

Text Books:

 Kai Ambos, Judith Large, Marieke Wierda, Building a Future on Peace and Justice:
Studies on Transitional Justice, Peace and Development The Nuremberg Declaration
on Peace and Justice, Springer Science & Business Media, 2008
 Andrew Byrnes, Mika Hayashi, Christopher Michaelsen, International Law in the
New Age of Globalization, Martinus Nijhoff Publishers, 2013

Other Readings:
 Joseph Stiglitz, Making Globalisation Work: The Next Step to Global Justice, Pengiun
2007
 Antony Anghie (Editor), The Third World and International Order: Law, Politics,
and Globalization, Kluwer Law International, 2003
 IILM UNIVERSITY GREATER NOIDA
SCHOOL OF LAW LLM: 2022-2023
Academic year: 2022-2023
Term: 1 Credits:3
Module Name: Legal Research Methodology and Legal Writing
Course Code: SLL-LLM-CC-101

Brief Module Description:

This paper will make students understand research methodology and different components of
legal research and their application. The paper will attempt to instil rational tools of analysis
in the students so that their research contributes to the development of the science of law.

Module Learning Goals

This course has the general objective of developing students' understanding of the
International Law and its relevance. The following learning objectives will be emphasized:
MLG-1. Understand the concept of justice and globalization
MLG-2. Understand the Processes of Law and Justice as followed in different Jurisdictions.
MLG-3. Understand Justice with reference to specific issues of gendre and other social
diversifications
MLG-4. To have comprehensive view of Justice in broad perspectives of sustainability of the
planet earth and human society.

Program Learning Outcomes:

1. Develop ability to access sources related to understanding of law and justice
2. Develop critical and analytical thinking for originality
3. Promote communication skills for transmission of well thought ideas on law and
justice.
4. Develop an interdisciplinary approach to address socio- economic and organizational
issues.
5. Understanding of the substantive and procedural laws for their enforcement in global
context.
6. Inculcate the ability to seek innovative solutions to real-world problems.
Unit – I:
a. Nature, Scope and Objectives of Legal Research and Methodology
b. Methods of Legal Research
c. Collaborative Research
d. Doctrinal and Non-Doctrinal
Unit - II:
a. Identification and Formulation of Research Problem
b. Hypothesis and Research Design (Characteristics and contents)
c. Database for Legal Research: Legislations, Judicial Decisions, Juristic Writings
and Traditional and Online Databases
Unit - III:
a. Tool and Techniques for collection of data, collection of case
materials and juristic literature, use of historical and comparative research
material and use of questionnaire and interview.
b. Census and Survey
c. Sampling: Types, Merits and Demerits
d. Observation
e. Interview, Questionnaire
Unit – IV:
a. Data Analysis and Interpretation
b. Report Writing
c. Supervision
d. Guidelines for researchers
e. Research Ethics

Text Books:
1. S.K. Verma and M. Afzal Wani (Eds.) Legal Research and Methodology, Indian Law
Institute (2001) 2nd Edition.
2. Goode and Hatt, „Methods in Social Research‟, Singapore, Mc. Graw Hill Book Co.,
1985 (reprint).
References:
1. Baxi, Upendra, „Socio-Legal Research in India – A Program Schriff, ICSSR,
Occasional Monograph, 1975.
2. Cohen, Morris L., „Legal Research‟, Minnesota, West Publishing Co. 1985.
3. Ghosh, B.N., „Scientific Method and Social Research‟, New Delhi, Sterling
Publishers
Pvt. Ltd., 1984.
4. Johari J.C. (ed), „Introduction to the Method of Social Sciences‟, New Delhi, Sterling
Publishers Pvt. Ltd. 1988.
5. Kothari C.K., „Research Methodology: Method and Techniques‟, New Delhi, Wiley
Eastern Ltd., 1980.
6. Stone, Julius, „Legal System and Lawyer’s Reasoning‟, Sydney, Maitland
Publications, 1968.