Constitutionalism and the Global South (LAWS90255)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
August
Teaching staff:
Dinesha Samararatne (Subject Coordinator)
William Partlett
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | August |
|---|---|
| Fees | Look up fees |
Critical discussions have re-emerged in comparative constitutional law, amongst both practitioners and scholars, on the enduring impact of empire and other forms of transnational hegemony on theory and practice. At the heart of these discussions is the need to understand jurisdictions broadly described as the Global South. For some time, the study of constitutionalism has been shaped primarily by the experiences of a relatively small number of jurisdictions. Experiences of most jurisdictions of the Global South often are analysed from that limited perspective. Experiences in constitutional governance that are contrary to dominant understandings of constitutionalism, are not adequately examined, may be subject to misinterpretation or are treated as transgressions. This approach has limited the capacity of the field to deal with real life challenges, has given rise to false expectations and failed to respond to emerging trends. A related difficulty concerns recognition and representation: how the experiences of these jurisdictions should be represented and who should represent them.
This subject aims to examine these puzzles and consider in depth the significance of the Global South to constitutionalism. In doing so, it also reviews and critique the limits to the Global South as a concept. The subject is structured around five themes: the intellectual history of the concepts of constitutionalism and the Global South; the scholarly debate on the Global South in comparative constitutional law; how different methods can be used to study and develop knowledge about constitutionalism in the Global South; a critical evaluation of the different actors and institutions and their contribution to constitutionalism; and finally, reflections on how constitutionalism can be made genuinely global. Case studies are used throughout the course to illustrate and apply the learning and discussion.
Indicative list of principal topics:
- Intellectual Histories of Constitutionalism
- The Debate on the Global South and Constitutionalism
- Methods for study and practice of Constitutionalism
- Constitutional Actors and Institutions
- Making Constitutionalism Genuinely Global
Intended learning outcomes
On completion of this subject, students should be able to:
- Describe constitutionalism as a historical concept
- Identify, explain and critique the Global South as a concept
- Describe and compare the debates on the Global South in comparative constitutional law
- Identify and discuss limits to the methods for strengthening representation and inclusion of the Global South in constitutional law
- Evaluate the significance of the Global South in theorising on constitutionalism
- Practice methods of examining constitutional governance to identify issues from different perspectives
Generic skills
- Identify and appreciate debates and perspectives on a given theoretical concept
- Debate different approaches to knowledge development
- Match research methods with a research question in a context specific manner
- Judge the most appropriate approach to knowledge development in a given context
- Navigate the challenges of inclusion and representation in theory, practice and in professional contexts
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
Knowledge of constitutional law at the level of a first law degree or equivalent.
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 26 - 29 September 2025 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 22 October 2025 | 100% |
| Hurdle requirement: A minimum of 75% attendance. | Throughout the teaching period | N/A |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- August
Principal coordinator Dinesha Samararatne Coordinator William Partlett Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 170 hours Pre teaching start date 16 July 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 13 August 2025 to 19 August 2025 Last self-enrol date 21 July 2025 Census date 15 August 2025 Last date to withdraw without fail 19 September 2025 Assessment period ends 31 October 2025 August contact information
Teaching staff:
Dinesha Samararatne (Subject Coordinator)
William Partlett
For current student enquiries, contact the Law School Academic Support Office
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
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, 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: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Government Law Course Master of Laws Course Graduate Diploma in International Law Course Graduate Diploma in Laws Course Master of Public and International Law Course Juris Doctor - 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 subject coordinator approval is required, or for further information about Community Access Program study, please contact us
Last updated: 4 March 2025