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Comparative Constitutional Law (LAWS90011)
Graduate courseworkPoints: 12.5Not available in 2024
Overview
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This subject explores comparative constitutional law from a deliberately global perspective. It seeks to take account of the constitutional experience of all regions of the world including Asia, the Americas, Europe, Africa and Australasia. It thus provides an excellent platform on which to evaluate the competing claims of constitutional universalism and particularism, to critically test the global relevance of a range of constitutional theories and practices and to understand how context and culture affect constitutional law in an age of globalisation. Key topics of general relevance chosen for the purposes of comparison include executive/legislative relations, judicial review, constitutional change, socio-economic rights and the relationship between domestic constitutional and international law. The lecturers are leading constitutional scholars from India and Australia respectively, who bring to the subject different bodies of knowledge and experience.
Principal topics include:
- Mapping the constitutions of the world
- Methodological challenges in comparative constitutional law
- Concepts of a constitution
- Executive/legislative relations
- Courts and judicial review
- Socio-economic rights
- Constitutional change
- Comparative constitutional problem-solving.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the range of constitutional systems of the world and of the implications of globalization for the similarities and differences of constitutional arrangements
- In particular, have an advanced understanding of the range of constitutional systems within Asia, their similarities and differences and points of comparison with other regions of the world
- Have an advanced and integrated understanding of the challenges of comparative constitutional law and the methodological options for dealing with them
- Be able to plan and undertake comparative constitutional projects in at a sophisticated level
- Be able to critically examine, analyse, and evaluate the constitutional projects of others
- Be an engaged participant in debate on the competing claims of constitutional universalism and particularism
- Have a sophisticated appreciation of the comparative possibilities in relation to a range of key aspects of constitutional systems
- Have the cognitive and technical skills to generate critical and creative ideas relating [to equality and discrimination in the workplace], and to critically evaluate [existing legal theories, principles and concepts with creativity and autonomy]
- Have the cognitive and technical skills to independently engage in research on comparative constitutional law
- Have the communication skills to clearly articulate and convey complex information regarding comparative constitutional law to specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a scholar and practitioner of comparative constitutional law.
Last updated: 30 January 2024
Eligibility and requirements
Prerequisites
None
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
| 100% | |
Option 2: Research paper topic approved by the subject coordinator
| 100% |
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 2024
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 Master of Laws Course Master of Public and International Law Course Graduate Diploma in Government Law Course Graduate Diploma in Asian Law - 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