Constitutional Problems in Comparison

This subject is not offered in 2016.

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

This subject responds to the increasingly globalised nature of constitutional law by examining significant constitutional questions that recur across various legal systems.

Comparative study of constitutions provides a deeper, more systematic understanding of constitutional law and governance. In particular, it provides opportunities to discover that aspects of one system are not necessarily replicated elsewhere.

The subject will enrich students’ understanding of the constitution with which they are most familiar. It is of practical significance for scholars, advocates and for those involved in the formation and implementation of public law policy and reform.

Principal topics will include:

• Legislative powers over inter-State trade and taxation
• Resolving conflicts within federations
• Proportionality and other methods of judicial reasoning
• The nature of constitutional rights.

Key decisions of the High Court of Australia will be examined. The principal comparator jurisdictions include Canada, the United States, Germany, South Africa and some European jurisdictions.

A student who has successfully completed this subject will:

• Have a systematic understanding of different structures of governance through constitutions;
• Have an enriched understanding of the Australian Constitution; and
• Have an enriched understanding and critical perspective on competing forms of constitutional governance and methods of constitutional review.

Take-home examination (100%)
or
10,000 word research paper (100%) on a topic approved by the subject coordinator

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.

This subject is not available as a breadth subject.

This subject has a quota of 30 students. Please refer to the website www.law.unimelb.edu.au/masters/courses-and-subjects/subjects/subject-timing-and-format for further information about the management of subject quotas and waitlists.