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 2010
Thursday Evenings, 6-8pm

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

Assessment

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

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 Juriprudence