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American Constitutional History & Rights (LAWS90061)
Graduate courseworkPoints: 12.5Not available in 2018
Overview
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This intensive course will introduce Australian students to the U.S. Constitution and constitutional rights from a historical perspective. The goal will be an understanding of constitution making and amending in the U.S. context, showing how American constitutional law both is impacted by and impacts the wider social context.
Topics addressed will include:
- The American Constitutional Convention and ratification process;
- American federalism and division of powers between state and nation;
- American constitutional structure with checks between branches;
- U.S. Bill of Rights and the evolving understanding of individual rights;
- U.S. constitutional interpretation by the courts: original intent vs. living constitution; and
- Impact of amendments over time, especially the 14 th amendment to the U.S. Bill of Rights, which addresses citizenship rights and equal protection before the law.
Intended learning outcomes
A student who has successfully completed this subject should have an advanced understanding of, and be able to:
- Assess, evaluate, and critically analyse:
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- American constitutional history, law and theory;
- The nature of federalism and balance of powers in the United States;
- The evolving concept of constitutional rights and individual freedom in American legal and political history;
- Presidential powers in the American context; and
- Judicial review and the role of courts in interpreting the American constitution.
- Apply this understanding and analytical capacity to new situations and contexts; and
- Communicate their analysis in appropriate scholarly formats.
Generic skills
A student who successfully completes this subject should have developed and demonstrated their skills to engage in:
- Specialist understanding, reading and critical engagement with cases relating to American constitutional law and making comparisons between them;
- Specialist understanding, reading and critical engagement with the American Constitution and related statutes;
- Specialist interpretation, critical reflection and comparison about historical sources relevant to American constitutional law;
- Critical assessment of challenges to the American Constitution; and
- Formulate and articulate views on difficult historical and technical issues relating to American Constitution law in oral discussion.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Class participation based on specific responsibility, as a member of a group, for leading discussion in relation to a pre-assigned topic and assessment of student understanding through class participation and completion of a short reaction memorandum that students submit before class on a set topic (max 500 words) (10%);
- A 3-hour supervised open book exam, at the end of the assessment period (90%).
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2018
Time commitment details
144 hours
Additional delivery details
This subject has a quota.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Specialist printed materials will also be made available from the Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022