Comparative Constitutional Law in Asia (LAWS90292)

Along with the globalisation and the development of constitutionalism, comparative constitutional law has become an important subject in the field of constitutional research.

Comparative constitutional studies focus not only on constitutional texts but, more crucially, on constitutional politics. Issues including unconstitutional constitutional amendments, abusive constitutionalism, constitutional remedies and governance, and the judicialisation of politics have become extremely popular among students of comparative constitutional law. Even for those that focus on constitutional texts, new research methods, such as large-N empirical legal studies, have been adopted.

In this subject, you will become familiar with the literature of comparative constitutional law. Using the research method discussed in the very first class, you will analyse several important topics in comparative constitutional law and undertake reflection on domestic constitutional development.

Intended learning outcomes

On completion of this subject, students should be able to:

• Assess suitable research methods widely adopted in comparative constitutional law, and choose one.
• Appraise with literature and engage in a critical dialogue with conventional wisdom in this field.
• Differentiate between key ideas and analyse in comparative constitutional law.
• Evaluate domestic constitutional development by comparing Australia with other jurisdictions.

Generic skills

• Students will exhibit an advanced understanding of various fields of comparative constitutional law. This skill will empower students to address challenges such as constitutional controversies, judicial review in authoritarian regimes, and the judicialisation of politics in Asia.
• Research and Information Literacy: Students will be proficient in navigating the literature of comparative constitutional law and employing appropriate research methods to study constitutional developments, such as large-N empirical legal studies. This skill will enable them to stay updated with the evolving landscape of constitutionalism in Asia.
• Critical Analysis and Evaluation: Students will be able to critically analyse and evaluate the legal systems of East and South East Asia, as well as constitutional texts and practices, considering their social, political, and economic contexts. Students will demonstrate the ability to assess the strengths and weaknesses of different legal approaches and constitutional frameworks, and identify potential issues such as unconstitutional amendments or abusive constitutionalism.