This course explores the methodology and substance of comparative constitutional law. Attention will be given to several constitutional schemes including those of the United States and the United Kingdom, which have historically served as models for constitutional structures in many jurisdictions including especially Australia and other parts of the Commonwealth.  

This course will also consider variations on common constitutional themes as well as context-driven divergences in several other jurisdictions in Africa, South Asia and South East Asia.

The framework for analysis will include questions as to when, how and why to compare constitutions, and an analysis of the vastly different constitutional arrangements that govern the relationship between the state, society and citizens across the world.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Identify, analyse and explain theoretical knowledge and understanding of the range of constitutional models throughout the world;
2. Investigate, synthesise and critically evaluate the role and relevance of constitutional comparison;
3. Interpret and critically examine contextually, the current trends towards protecting human rights in the Australian legal systems, and in other legal systems;
4. Identify, evaluate and review the accomplishments and shortcomings of the Australian constitutional system through a comparative lens; and
5. Plan, design and execute a research project that identifies, critically examines and communicates comparative analysis to complex theoretical issues and practical problems in constitutional schemes, demonstrating relevant research principles and techniques.

Research-Led Teaching

• Moeen’s research is interdisciplinary and draws on critical approaches to law. He is especially interested in constitutional politics and judicial review, criminal justice systems, the intersection of state and Islamic law, and post-conflict state-building. Read more at: https://law.anu.edu.au/people/moeen-Cheema
• Ron's research focuses on the intersection of constitutional law and political science. He is especially interested in constitutional change, referendums, deliberative democracy, peacemaking and post-conflict constitutions, and human rights. Read more at: https://law.anu.edu.au/people/ron-levy

Required Resources

Required and recommended readings will be posted on the course Wattle site.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Further information about the course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	April 19 - Constitutional Comparison; Comparative Constitutional Law and Politics; Constitutional Design in Divided Societies (Cheema)
2	Apr 20 - Constitutional Change; Popular Deliberation; Peace-making (Levy)	Group Exercise - Discussion
3	Apr 21 - Constitutionalism in the Global South; The Nature and Consequences of Judicial Review; Judicialization of Politics and Governance (Cheema)
4	Apr 27 – Constitutional Rights (e.g. Right to Vote; Property Rights; Freedom of Religion; Freedom of Speech) (Levy)
5	Apr 28 - Constitutional/Extra-Constitutional Emergencies; COVID-19 and Constitutional Rights (e.g. Freedom of Movement) (Cheema/Levy)
6	Apr 29 - Group Exercise on Constitutional Design and Process (Cheema/Levy)	Group Exercise - Assessment on Constitutional Design/Process

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class Participation	10 %	*	07/05/2021	1, 2, 3, 4
Group Assignment	20 %	27/04/2021	07/05/2021	1, 2, 3, 4
Research Paper	70 %	11/06/2021	30/06/2021	1, 2, 3, 5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

Classes will be held online on April 19-21 and 27-29, from 11 am to 4 pm. There will be two 2-hour sessions each day.

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Assessment Task 1

Class Participation

Format: Class Participation will be marked for contributions during the course (except during discussions related to the the group exercise on days 2 and 6 of the course which will be marked as part of assessment 2).

Assessment criteria:

a) Preparation and understanding of the material

• consulting and reading pre-assigned materials in advance of the lectures/seminars
• linking material between various aspects of the class and different lectures

b) Thinking critically about the material

• looking at questions from different angles
• questioning assumptions
• use of language

c) Expressing ideas clearly

• so that other students and the instructor can understand them
• use of relevant examples

d) Engaging with other students in the discussion

• including encouraging others to speak
• responding to what others have said
• being respectful for a range of views and opinions

e) If possible, linking material with your own background and knowledge

• which involves relating the material to your own personal and professional experience

Assessment Task 2

Group Assignment

Format: On Day 2 of the course, students will be given an assignment to be completed in pairs, which will involve in-depth engagement with the readings. Students will be required to complete a task and submit a written response to certain questions identified by the course instructors. (In the event of odd numbers in the class, we will make arrangements for a group of 3.)

Submission due: 5:00 pm on Tuesday, 27 April 2021. This task is compulsory and failure to submit it will result in a mark of 0. Late submission is permitted but a penalty will be imposed - see below.

Word length: Maximum 2400 words for the complete submission (1200 words per student), unless you are in a group of 3 which will require you to submit 3600 words.

Assessment criteria:

a) Understanding of the Issues

• addresses the issues and covers all the important points
• evidence of close consideration of the questions and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b) Communication and Development of Arguments

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

c) Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• interdisciplinary perspective
• well-reasoned conclusions

d) Research and drafting

• range of research sources
• good organisation of sources and ability to synthesise all the research materials used
• use of comparative material where appropriate
• integration of material from research resources into the task

e) Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• adherence to word limit

Assessment Task 3

Research Paper

Format: Research Paper

Approval of topic: by 7 May 2021. The research paper addresses a research topic related to the course and approved by the Course Instructor. Students may choose to pursue a topic of their choice, after consultation with the course convenor.

Submission due: 5:00 pm on Friday 11 June 2021. This task is compulsory and failure to submit it will result in a mark of 0. Late submission is permitted but a mark penalty will be imposed - see below.

Length: Maximum 4,500 words

Assessment criteria:

a) Understanding of the Issues

• frames a good topic and questions for research
• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b) Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

c) Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective
• well-reasoned conclusions

d) Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

e) Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students