COMPARATIVE CONSTITUTIONAL DESIGN

LAW5CCD

Not currently offered

Credit points: 15

Subject outline

In recent decades, constitution-making has become a much more international and comparative exercise than it was previously, with the result that democratizing or redemocratizing countries are more open to a wide range of institutions than they were previously. The seminar deals with many of the most common issues confronted by constitutional designers. In addition to such specific questions, however, it considers three overarching issues: (1) What are the sources of constitutional change, and what governs the choice of designers when they borrow institutions from abroad? (2) Are such institutions able to have a benign effect on ethnic and religious conflict? (3) What determines whether apt designs can in fact be adopted and by what mode they will be adopted? This short course will give consideration to these issues.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorGordon Walker

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

PrerequisitesN/A

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Graduate capabilities & intended learning outcomes

01. To be able to analyse situations to determine whether constitutional change is feasible and appropriate

Activities:
Seminar discussions
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills

02. To be able to identify institutional choices in constitutional design

Activities:
Seminar discussions
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills

03. To be able to determine which institutions are most effective in having a benign effect on ethnic and religious conflict and to present structured arguments that critically assess institutional choice

Activities:
Problem solving
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills

Subject options

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Subject not currently offered - Subject options not available.