LAW5331 · Comparative constitution and rights

Overview

The unit will cover a series of topics arising in the comparative study of constitutional systems, mostly in the western-liberal tradition. Comparative constitutional law is a rapidly expanding and maturing field, embedded in a context of global spread of democratic models in the last half-century and the expansion of international human rights. The variety of constitutional models prevailing today will be examined and critiqued (among them the French system), including the structure of government (how countries are governed and political power is organised) and frameworks of human rights protection (how constitutions in democratic countries contribute to the effective protection of human rights). Special attention will be devoted to issues such as: - Constitutional stability and change in democratic regimes: aims, means, consequences of constitutional stability; constitutional customs, even contra legem; breach or disputable use of constitutional rules; means, usefulness and dangers of constitutional reviews; the "constitutional clean slate" (the choice of a democratically elected Constituent Assembly to produce an entirely new text). - Constitutions and religions: the place of religion in constitutional texts; the weight of religion in constitutional development as well as in constitutional and statutory interpretation. - Constitutions and minorities: reconciling majority and minority rights. - Constitutions as a social/political project: Constitutions as guidelines for future public policy and development of human rights.

Offerings

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

The Handbook lists no prerequisite, corequisite or prohibition for this unit.

Learning outcomes

1. Apply detailed knowledge and advanced understanding of the various alternatives in the institutional design of the principal constitutional organs, and the advantages and disadvantages of each; as well as of the role of constitutions as a framework for protection of human rights in selected constitutional systems;
2. Formulate, investigate and critically consider complex problems relating to the issues identified in the synopsis;
3. Demonstrate sophisticated legal research and writing, and legal argument skills by undertaking systematic and creative research into legal policy, rules and procedures and comparative perspectives relating to constitutional law and individual rights;
4. Have developed advanced skills of oral presentation, and participation in an interactive learning context, in relation to issues of legal policy, rules and arguments from the field of comparative constitutional law.

Workload

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Student experience, not official rules. Nothing here changes what the Handbook says.