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Constitution Making (LAWS70269)
Graduate coursework level 7Points: 12.5Not available in 2024
Overview
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More than 90 new constitutions have been made for countries across all regions of the world since the fall of the Berlin Wall in 1989. Currently, constitution-making is actively underway in a range of states and pending in others. This concentrated burst of activity has given rise to a range of new ideas about the nature and purpose of constitutions, constitutional solutions to contemporary problems, the processes of constitution-making and the proper role of international actors. This subject explores these issues, with particular reference to a series of topical case studies, including Fiji, Iraq, Kenya, Nepal, Timor-Leste and Yemen. The lecturers are constitutional scholars with practical experience in the field who add to the excitement and relevance of the subject
Principal topics include:
- Nature, functions and limitations of constitutions
- Circumstances in which constitutions are likely to be renewed or substantially changed
- Influences on new constitutions
- Substance of constitutions
- Phases of constitution-making:
- Peace process (if any)
- Setting the agenda
- Design and writing
- Approval and adoption
- Implementation
- Interpretation
- Selected case studies drawn from Egypt, Fiji, Indonesia, Iraq, Kenya, Pakistan, the Philippines, Solomon Islands, South Africa, Sri Lanka, Swaziland, Thailand, Timor-Leste, Tunisia, Yemen and Zimbabwe among others.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of constitution-making processes and constitutional development and be able to apply this understanding in diverse contexts
- Understand and be able to maximise the role that constitutions can play in conditions of development, transition of various kinds and conflict resolution
- Have an advanced understanding of the theoretical problems that arise in constitution making and their implications for the practice of constitution-making
- Be aware of, and able to critically interpret, analyse and evaluate, the relevance of a range of potential influences on constitutional design in circumstances of development and transition, including international influences
- Be aware of, and able to critically choose between, substantive constitutional mechanisms to meet particular goals and resolve particular problems
- Have a sophisticated understanding of the phases of constitution making, the issues likely to require resolution in each phase and the options for dealing with them
- Understand the practical experience of past attempts at constitution making in selected countries
- Have the cognitive and technical skills to actively develop options and strategies for the process of constitution making and the substance of new constitutional provisions, in the circumstances of other countries in development or transition
- Be able to demonstrate and apply expertise in the field of constitution-making and constitutional process design
- Be able to be an engaged participant in contemporary and emerging debates regarding constitution-making including choice of institutions, public participation, inclusion including the inclusion of women and other marginalised groups, structure of the state, rights and territorial arrangements.
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 |
|---|---|---|---|
| LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50041 | Public International Law | July (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
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 11 - 14 January 2019 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 4 February 2019 | 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.
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of 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.
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 Master of Laws Course Master of Public and International Law Course Master of Law and Development Course Graduate Diploma in Government Law - Links to additional information
- 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