This course explores the methodology and substance of comparative constitutional law. Attention will be given to several constitutions, - with special attention to one of the oldest (that of the United States) and one of the youngest (that of South Africa) and their implications for our thinking about constitutional law in general and Australian constitutional law in particular. The framework for analysis will include questions as to when, how and why to compare constitutions, and an analysis of the vastly different constitutional arrangements that govern the relationship between the state and the individual across the world, including express and implied constitutional rights.

Students who have successfully completed this course will:

• have a better understanding of the range of constitutional models throughout the world
• have an appreciation of the role and relevance of constitutional comparison
• contextualise the current trends towards protecting human rights in the Australian and other legal systems
• understand the accomplishments and shortcomings of the Australian constitutional system through a comparative lens

It is anticipated that the assessment will comprise:

1. Take-home exam - 75%
2. Option of class presentation or current issues portfolio assignment - 15%
3. Class participation - 10%

Twenty-six hours of intensive classes plus private study.

LAWS8015 Fundamentals of Government & Commercial Law or LLB

Students will be expected to have knowledge of the Australian legal system, and have a basic understanding of Australian constitutional law.

It is proposed to use Vicki C Jackson and Mark Tushnet, Comparative Constitutional Law, Foundation Press, 2nd ed, 2006.

Computer and internet access required.