Constitutions and Culture (LAWS90282)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
May
Lecturer
Cheryl Saunders (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | May |
|---|---|
| Fees | Look up fees |
This subject aims to shed light on one of the most important but under-studied topics in comparative public and constitutional law: culture. Culture is meant in a broad sense, encompassing local tradition and distinctiveness but also the shared suppositions and assumptions that animate lawyers, judges, politicians etc. when they interact with or apply constitutional rules and norms. Cultural factors animate many constitutional practices in a way that is very important but hard to see and unpack. Cultural forces also shape our understanding and observation of constitutional practice. Constitutional design and peace making/institution building are hugely influenced by culture.
Despite the significance of culture on the field, there is very little scholarship on the topic, and this subject fills a gap in the study of comparative public law.
Looking at literature from several disciplines, as well as case studies of cultural impact on public law from different jurisdictions, we explore the nature of culture; methodologies for understanding its impact; and that impact itself. We will also explore the complex ways in which culture itself changes, often in an unpredictable and non-linear manner. Understanding culture can be a bridge to comprehending differences in constitutional practice and design between global south north and global north. It can also help us adapt constitutional institutions and practices to local context, and see the challenges that face such adaptation. These issues are crucial for comparative law on a global scale. The subject will help future public law practitioners deal with the challenges and opportunities of the 21st century.
Principal topics are likely to include:
- The meaning and properties of culture
- Types of culture relevant to constitutional law and practice
- Constitutions as culture
- Culture and comparative method
- Culture and adjudication, including reference to foreign sources
- Culture in the context of constitution-making and change.
- International law and culture
- Use and abuse of culture.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Explain and analyse the meaning and properties of culture, generally and the ways it interacts with the context of Constitutions.
- Critically appraise the relevance of culture for comparative constitutional law and apply the methodological tools to draw on it.
- Recognise and accommodate culture in the context of constitution making and change.
- Integrate and synthesise knowledge gained from effective engagement with culture while avoiding abuse of the concept.
- Construct and defend arguments on the relevance of culture in the context of international law and practice.
Generic skills
- The ability to investigate, evaluate, synthesise and apply understanding of culture in a variety of constitutional contexts
- Well-developed problem solving abilities in this field.
- Advanced competencies in legal research and analysis in matters involving culture and public law.
- The capacity to effectively communicate complex legal ideas in this area.
- Appreciation of the design, conduct and reporting of original research in this field.
- Understanding of the significance and value of knowledge about the interaction of culture and constitutions.
Last updated: 8 November 2024
Eligibility and requirements
Prerequisites
None
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: 8 November 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 21 - 24 June 2024 | 100% |
Option 2: Research paper on a question to be identified by the student in consultation with the teachers
| 17 July 2024 | 100% |
| Hurdle requirement: A minimum of 75% attendance is required. | N/A |
Last updated: 8 November 2024
Quotas apply to this subject
Dates & times
- May
Principal coordinator Cheryl Saunders Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 3 April 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 1 May 2024 to 7 May 2024 Last self-enrol date 8 April 2024 Census date 2 May 2024 Last date to withdraw without fail 7 June 2024 Assessment period ends 17 July 2024 May contact information
Lecturer
Cheryl Saunders (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 8 November 2024
Further information
- Texts
- Links to additional information
<a href="https://law.unimelb.edu.au" rel="nofollow">law.unimelb.edu.au</a>
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
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-masters@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 8 November 2024