Handbook home
Constitutional Problems in Comparison (LAWS70411)
Graduate coursework level 7Points: 12.5Not available in 2019
Overview
Fees | Look up fees |
---|
This subject responds to the increasingly globalised nature of constitutional law by examining significant constitutional questions that recur across various legal systems.
Comparative study of constitutions provides a deeper, more systematic understanding of constitutional law and governance. In particular, it provides opportunities to discover that aspects of one system are not necessarily replicated elsewhere.
The subject will enrich students’ understanding of the constitution with which they are most familiar. It is of practical significance for scholars, advocates and for those involved in the formation and implementation of public law policy and reform.
Principal topics will include:
- Legislative powers over inter-State trade and taxation
- Resolving conflicts within federations
- Proportionality and other methods of judicial reasoning
- The nature of constitutional rights.
Key decisions of the High Court of Australia will be examined. The principal comparator jurisdictions include Canada, the United States, Germany, South Africa and some European jurisdictions.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a systematic understanding of different structures of governance through constitutions;
- Have an enriched understanding of the Australian Constitution; and
- Have an enriched understanding and critical perspective on competing forms of constitutional governance and methods of constitutional review.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
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
Take-home examination (100%)
or
10,000 word research paper (100%) on a topic approved by the subject coordinator
Last updated: 3 November 2022
Dates & times
Not available in 2019
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- 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