Constitution Making

Subject 730-669 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations: For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.
Subject Overview:

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 be able to evaluate, the relevance of a range of potential influences on constitutional design in circumstances of development and transition
  • Be aware of, and be 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 countries that have been chosen as case studies
  • Be able actively to develop options and strategies for both the process of constitution making and the substance of new constitutional provisions, in the circumstances of other countries in development or transition.

Syllabus:

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 the following: South Africa, East Timor, Fiji, Sri Lanka, the Philippines, Indonesia, Swaziland, Solomon Islands, Kenya, Pakistan.
Assessment:
  • Take-home examination (100%) (23–26 October)

    or
     
  • Research paper 10,000 words (100%) (7 December) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-669Constitution MakingMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

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 be able to evaluate, the relevance of a range of potential influences on constitutional design in circumstances of development and transition
  • Be aware of, and be 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 countries that have been chosen as case studies
  • Be able actively to develop options and strategies for both the process of constitution making and the substance of new constitutional provisions, in the circumstances of other countries in development or transition.

Syllabus:

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 the following: South Africa, East Timor, Fiji, Sri Lanka, the Philippines, Indonesia, Swaziland, Solomon Islands, Kenya, Pakistan.
  • Take-home examination (100%) (23–26 October)

    or
     
  • Research paper 10,000 words (100%) (7 December) (topic approved by the subject coordinator)
N.A. N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.LawLawYNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730669730-6692

Download PDF version.