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:
- Identify, analyse and explain theoretical knowledge and understanding of the range of constitutional models throughout the world;
- Investigate, synthesise and critically evaluate the role and relevance of constitutional comparison;
- Interpret and critically examine contextually, the current trends towards protecting human rights in the Australian legal systems, and in other legal systems;
- Identify, evaluate and review the accomplishments and shortcomings of the Australian constitutional system through a comparative lens; and
- 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.
Indicative Assessment
- Research Paper (4000 words) (50%) (50) [LO 1,2,3,4,5]
- In-class Group Assignment (30%) (30) [LO 1,2,3,4,5]
- Class Participation (20%) (20) [LO 1,2,3,4]
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Workload
- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
- Classes offered during semester periods are expected to have three contact hours per week.
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Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known.
Preliminary Reading
Students must rely on the approved Course Study Guide which will be posted to the Wattle course site approximately 4 weeks prior to the commencement of the course.An e-brick will be available on the Wattle course site.
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Offerings, Dates and Class Summary Links
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