Constitution Making

Subject LAWS70269 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

June, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Prof Cheryl Saunders

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

Principal topics will 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 South Africa, East Timor, Fiji, Sri Lanka, the Philippines, Indonesia, Swaziland, Solomon Islands, Kenya, Pakistan.
Objectives:

A student who has successfully completed this subject should:

  • Understand and be able to maximise the role that constitutions can play in conditions of development, transition of various kinds and conflict resolution
  • Be aware of, and able to evaluate, the relevance of a range of potential influences on constitutional design in circumstances of development and transition
  • Be aware of, and able to critically choose between, substantive constitutional mechanisms to meet particular goals and resolve particular problems
  • Understand 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
  • Be able 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.
Assessment:

Take-home examination (100%) (13-16 August)
or
10,000 word research paper (100%) (20 September) on a topic approved by the subject coordinator
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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