Constitutionalism in Asian Societies

Subject 730-873 (2009)

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

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2009:

June, - 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: 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.

Coordinator

Assoc Prof Li-Ann Thio
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Understand how the Rule of Law ideal of ‘a government of laws and not of men’ has been implemented in some Asian contexts where formal laws are not fully developed and there is no tradition of rights-based thinking
  • Evaluate the so-called ‘Asian Values’ debate on whether international human rights standards are alien to Asian cultures, including the right to development
  • Evaluate the adoption of certain norms of constitutional governance; for example, the separation of church and state in multi-ethnic societies
  • Be able to critically examine international aid programs to assist the developing countries in Asia in legal and judicial reform
  • Appreciate the distinction between political and economic liberalisation, between democracy and rights-based governance, and between constitutions and constitutionalism
  • Define the role of an independent judiciary vis-à-vis political institutions, and identify the mechanisms for political accountability.

Syllabus:

Principal topics will include:

  • Theoretical perspectives and historical framework of constitutional discourse
  • Constitutional governance in transition economies in former socialist countries and emerging democracies
  • Explicit religiosity in secular states
  • Case studies on international aid programs on legal and judicial reform
  • Role of culture in reshaping constitutional traditions.
Assessment:
  • Take-home examination (100%) (14–17 August)

    or
     
  • Research paper 10,000 words (100%) (17 September) (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: 730-873Constitutionalism in Asian SocietiesMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

Objectives:

A student who has successfully completed this subject should:

  • Understand how the Rule of Law ideal of ‘a government of laws and not of men’ has been implemented in some Asian contexts where formal laws are not fully developed and there is no tradition of rights-based thinking
  • Evaluate the so-called ‘Asian Values’ debate on whether international human rights standards are alien to Asian cultures, including the right to development
  • Evaluate the adoption of certain norms of constitutional governance; for example, the separation of church and state in multi-ethnic societies
  • Be able to critically examine international aid programs to assist the developing countries in Asia in legal and judicial reform
  • Appreciate the distinction between political and economic liberalisation, between democracy and rights-based governance, and between constitutions and constitutionalism
  • Define the role of an independent judiciary vis-à-vis political institutions, and identify the mechanisms for political accountability.

Syllabus:

Principal topics will include:

  • Theoretical perspectives and historical framework of constitutional discourse
  • Constitutional governance in transition economies in former socialist countries and emerging democracies
  • Explicit religiosity in secular states
  • Case studies on international aid programs on legal and judicial reform
  • Role of culture in reshaping constitutional traditions.
  • Take-home examination (100%) (14–17 August)

    or
     
  • Research paper 10,000 words (100%) (17 September) (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.Assoc Prof Li-Ann ThioLawLawNNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730873730-8732June

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