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Comparative Federal Constitutional Law (LAWS90056)
Graduate courseworkPoints: 12.5Not available in 2020
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
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Many established Constitutions of the world of the 21st century provide for federalism or related forms of territorial devolution, as do many of the more recent Constitutions, especially those drawn up in the aftermath of conflict. This subject examines federal Constitutions as a sub-set of comparative constitutional law. It takes a global perspective that encompasses federal-type systems in all regions of the world, whether formed by aggregation or devolution. It canvasses the theories that underpin federal arrangements, the principal design options, the interface between federalism and the protection of individual or group rights, federal Constitutions in operation over time, judicial interpretation of federal Constitutions and the methodological problems that arise in comparing federal constitutions. Professors Jackson and Saunders, the lecturers in the subject, come respectively from the United States and Australia. They bring to the subject deep knowledge of their own federations and considerable expertise in comparative federalism and comparative constitutional law.
Principal topics include:
- Mapping the federal-type systems of the world
- Key features of federal constitutional systems: power; resources; institutions; other
- Interface between federalism and other constitutional arrangements, including rights protection and the form of government
- Judicial interpretation of federal constitutions
- Methodological challenges in comparative federal constitutional law.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a sophisticated understanding of the range and variety of federal and federal-type systems of the world
- Appreciate, at an advanced level, the distinctive features of federal constitutional systems, their variety, the reasons for choice and their interface with other aspects of constitutional systems
- Have an advanced and integrated understanding of the challenges of comparative federal constitutional law and the methodological options for dealing with them
- Be able to plan and undertake comparative federal constitutional projects in at a sophisticated level.
- Be well placed to evaluate the writings of other scholars on comparative federal constitutional theory, design and practice.
- Have a sophisticated appreciation of the benefits and insights to be derived from comparative study of federal constitutional systems.
- Have the cognitive and technical skills to independently engage in research on comparative federal constitutional law.
- Have the communication skills to clearly articulate and convey complex information regarding comparative federal constitutional law to specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a scholar and practitioner of comparative federal constitutional law.
Last updated: 30 January 2024
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50024 | Principles of Public Law |
Semester 1 (On Campus - Parkville)
June (On Campus - Parkville)
|
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
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: 30 January 2024
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 100% | |
Option 2: Research paper on a topic approved by the subject coordinator
| 100% | |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2020
Time commitment details
136-150 hours 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: 30 January 2024
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Government Law Course Master of Public and International Law Course Graduate Diploma in Legal Studies Course Master of Laws - 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: 30 January 2024