JURS6018 - Constitutional Theory

Objectives

  • Address the role that constitutionalism is expected to play in a democratic state, and explore various constitutional theories.
  • Examine theoretical attempts at reconciling commitments to constitutionalism with emphasis on democratic participation.

Content

Is it paradoxical that a state governed by majority rules withdraws certain areas from collective decision-making? Various theories of constitutionalism, of constitutional interpretation, and of constitutional judicial review; the question of constitutional charters of rights, different models of judicial review, separation of powers, direct democracy and the functions of constitutions in transitions to democratic systems.

Session

Semester 2 Intensive
8, 9 & 22, 23 August 2014

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Assessment

  • Oral Presentation (20%)
  • Class Participation (20%)
  • 4,500 Word Essay (60%)

or

  • Class Participation (20%)
  • 2 x Oral Presentations (20% each)
  • 3,000 Word Essay (40%)

Continuing Professional Development (CPD)

You can credit this unit towards Continuing Professional Development (CPD). Units of study that are part of Sydney Law School’s Postgraduate Program meet the necessary Mandatory Continuing Legal Education (MCLE) of the Law Society of New South Wales and the Continuing Professional Development (CPD) requirements of the New South Wales Bar Association. You may complete this unit of study by enrolling on a non-degree basis or on an audit basis only with no assessment via Single Unit Study.

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Global Law | Master of Administrative Law and Policy | Master of Jurisprudence | Graduate Diploma in Jurisprudence