730-440 Comparative Constitutional Law

Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory; Constitutional Law; or in each case their equivalents.

This subject considers Australian constitutional law in a global context. It asks: What can Australian constitutional law learn from other countries' approaches to major constitutional issues? What can those countries learn from Australia and each other? And how should this comparative exercise be carried out? The issues to be examined will include: making new constitutions in post-conflict situations, the protection of human rights, citizenship and popular sovereignty, federalism, separation of powers, law making processes, and the relationship between constitutional law and private law. Comparisons will be made across a wide range of countries with diverse constitutional traditions, including Commonwealth, European, African and Asian countries as well as the USA.

Note: The essay in this subject is regarded as a substantial piece of legal writing for honours purposes.

One 5000-word paper on a topic to be agreed with the lecturer 100% (due end of semester). The coordinator of the subject welcomes students wishing to complete a 10 000 word research assignment to enrol in the subject in conjunction with 730-108 Advanced Legal Research. Attendance in at least 75% of classes is a hurdle requirement.

Printed materials will be issued by the Faculty of Law. Text TBC.