LAW37540 Comparative Constitutional Law

Academic Year 2019/2020

The aim of this module is to provide students with a substantial knowledge of similar and different features to be found in the constitutions and constitutional law of a number of liberal democracies and other countries. The first two seminars will consider the subject of comparative constitutional law as well as the historical development and methodology of comparative constitutional studies and global constitutionalism. The subsequent seminars will address a number of constitutional issues in a comparative perspective such as the concept and classification of constitutions, constitutional design and reform, organisation of power in federal and unitary states, principle of democracy, separation of powers principle, national sovereignty, structure and role of the judiciary, comparative forms of judicial review and constitutional justice. The constitutional systems compared will range from unitary (eg Ireland, UK, France) to federal (eg USA, Germany, Australia, Spain) systems and may also include the study of a nordic system and emerging/emerged powers (India, China) depending on the particular topic and interest of students in the current class. Consideration of the European Union and whether it has a ‘constitution’ will also be discussed. The influence of the European Convention on Human Rights and the case law of the European Court of Human Rights on constitutional structures and systems will also be discussed.

Students will be provided with a syllabus and a general reading list at the start of the trimester. Students will be given specific readings and tasks to prepare for each seminar. This module will use Brightspace.

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Curricular information is subject to change

Learning Outcomes:

On completion of this module, diligent students should:
1. have gained an accurate knowledge of comparative constitutional law and comparative constitutional law methodology;
2. be able to relate Irish (or another referent system) constitutional and political experience to a broader range of constitutional systems;
3. have acquired research skills in comparative constitutional studies;
4. have developed the ability to express themselves on comparative constitutional legal issues in writing and orally through their short in-class presentation.

Indicative Module Content:

The first two seminars will consider the subject of comparative constitutional law as well as the historical development and methodology of comparative constitutional studies and global constitutionalism. The subsequent seminars will address a number of constitutional issues in a comparative perspective such as the concept and classification of constitutions, constitutional design and reform, organisation of power in federal and unitary states, principle of democracy, separation of powers principle, national sovereignty, structure and role of the judiciary, comparative forms of judicial review and constitutional justice. The constitutional systems compared will range from unitary (eg Ireland, UK, France) to federal (eg USA, Germany, Australia, Spain) systems and may also include the study of a nordic system and emerging/emerged powers (India, China) depending on the particular topic and interest of students in the current class. Consideration of the European Union and whether it has a ‘constitution’ will also be discussed. The influence of the European Convention on Human Rights and the case law of the European Court of Human Rights on constitutional structures and systems will also be discussed.

Student Effort Hours: 
Student Effort Type Hours
Lectures

24
Specified Learning Activities

36
Autonomous Student Learning

60
Total

120
Approaches to Teaching and Learning:
Active learning approach during lectures meaning that:
- during the first cycle of the module (lecturer-led), students must come prepared having read prior to coming to class the preparation worksheet and done the readings made available on Brightspace;
- during the second cycle of the module (short in-class presentations), students must be ready to deliver their presentation, and their rapporteurs ready to ask their questions.
 
Requirements, Exclusions and Recommendations
Learning Recommendations:

The study of LAW 10050 Constitutional Frameworks and LAW 10060 Constitutional Rights, or constitutional law of any other legal system, is recommended.

Prior study of comparative law is not a prerequisite.


Module Requisites and Incompatibles
Not applicable to this module.
 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Presentation: One short in-class oral presentation with (i) Q&A session after the delivery of the presentation AND (ii) submission of the transcript of the presentation Throughout the Trimester n/a Graded No

20
Assignment: Take-Home Examination during examination period Coursework (End of Trimester) n/a Graded No

60
Assignment: Two short research notes (500 words each) Week 5 n/a Graded No

20

Carry forward of passed components
Yes
 
Resit In Terminal Exam
Summer No
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Feedback individually to students, on an activity or draft prior to summative assessment
• Feedback individually to students, post-assessment
• Group/class feedback, post-assessment

How will my Feedback be Delivered?

Feedback will be given on three occasions during the trimester to students in LAW37540 Comparative Constitutional Law: - Prior to their short in-class presentation (at least one week before their presentation date), students will be given individual feedback on the relevance of their chosen topic, abstract and preliminary bibliography. - After delivery of their short in-class presentation (and no later than one week before the trimester examination period), students will be given individual feedback on their work. - Post-examination, class feedback will be posted on Brightspace (indicative, not full model answers).