University of Miami School of Law CourseLink Course Description - Online System
 StudentLink New   Concentration/Area of Focus Registration New     Attendance System New
Print

Spring 2022
LAW524  AW  THE LEGAL DEFENSE OF CONSTITUTIONAL DEMOCRACY

Course Description
September 11, 2021 marked the anniversary of three events. Most familiar are the terrorist
attacks on U.S. soil twenty years earlier; however, 9/11/01 is also the day a Special Session of
the OAS General Assembly adopted the Inter-American Democratic Charter; additionally, on
September 11, 1973, the democratically elected government of Salvador Allende was
overthrown in a military coup supported by US government and corporate interests. While the
terrorist attacks of 9/11/01 inspired renewed interest in Karl Lowenstein’s 1937 call for “militant
democracy” to resist fascist seizure of state power through electoral process, the U.S.
government’s post-WWII history of regime change practices and discourse raise substantial
questions regarding the meaning of democracy and the broader forces and structures of power in
which states determine and purport to reflect the will of the people.

In this seminar, we will examine the defense of constitutional democracy under domestic and international law against attacks from inside and outside the nation-state, as well as taking up the problems of legitimacy and legality in defending imposed constitutions as well as extralegal tactics employed to displace dictatorships.


Course Schedule
Dates Day Time Room
01-18-2022 - 04-25-2022   T  3:30 PM-5:15 PM TBD

Course Frequency

Course Information

Credits: 2
Pass/Fail Option: No
Prerequisite:
Grading: Graded
Method of Evaluation: Final grades will be based on a 20-page final paper and class attendance and participation. The class may meet at times on-line.
Graduation Requirements Fulfilled By Course:
Writing Requirement
Special Attributes:
New Course
Course Delivery:
Residential
Special Restrictions:
Law Track(s): None
Bar Subject(s): None
Concentration(s): None
Course Book(s):
Textbook Required:
Yes  
  • Textbook Name: Multitude: War and Democracy in the Age of Empire
    Textbook Type: Paperback
    Requirement: Required
    Author: Hardt, Michael, and Antonio Negri
    Publisher: Penguin Books
    Edition: 2005
    ISBN: 978-0-14-303559-6
      
  • Textbook Name: 21st Century Democracy Promotion in the Americas: Standing up for the Polity
    Textbook Type: Hardcover
    Requirement: Required
    Author: Heine, Jorge, and Brigitte Weiffen
    Publisher: Routledge Global Institutions Series 91
    Edition: 2015
    ISBN: 978-0-415-62636-1
      
  • Textbook Name: The Legitimization of Violence
    Textbook Type: Hardcover
    Requirement: Required
    Author: Apter, David E
    Publisher: New York University Press
    Edition: 1997
    ISBN: 978-0-8147-0648-0
      
  • Textbook Name: Affective Justice: The International Criminal Court and the Pan-Africanist Pushback.
    Textbook Type: Hardcover
    Requirement: Required
    Author: Clarke, Kamari Maxine
    Publisher: Duke University Press
    Edition: 2019
    ISBN: 978-1-4780-0575-9
      
  • Textbook Name: Militant Democracy - Political Science, Law and Philosophy
    Textbook Type: Hardcover
    Requirement: Required
    Author: Ellian, Afshin, and Rijkema Bastiaan
    Publisher: Springer Berlin Heidelberg
    Edition: 2018 edition
    ISBN: 978-3-319-97003-5
      
  
First Class Assignment(s): TBD/None

 
Professor(s)

IGLESIAS, ELIZABETH


Biography
Contact Information:
Email: iglesias@law.miami.edu
Phone: (305)284-4050
Office: G269