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Comparative Constitutional Law Last Updated Date: 8 June 2009 4 Credits, Semester 1 Course Description: This discussion-based seminar will focus on issues of comparative constitutional adjudication in common law systems, with particular emphasis on the experiences of India, Singapore and South Africa. The seminar has two broad components. In the first part, we will focus on broad issues such as the concepts of constitutionalism and the rule of law, the major systems of judicial review and the principal models of constitutional adjudication in the contemporary world (including in civil law jurisdictions), and the challenges of constitutional interpretation. This part will also focus on providing a basic understanding of the structure and history of courts in the major common law jurisdictions, including Canada, the U.S., and the three jurisdictions mentioned earlier. In the second part of the course, with a view to obtaining a deeper understanding of constitutional adjudication, we will focus on how courts in the major common law jurisdictions have reacted to the use of foreign judicial decisions. This issue has attracted a fair deal of controversy and debate in recent times, and focusing on it will allow us to analyse the general issues covered in the first part of the course within a specific context. In this part of the course, we will also focus on individual cases from the selected jurisdictions where foreign decisions were either used or rejected. This will allow us to obtain a sense of contrasting judicial styles and techniques, and the factors which judges bear in mind to reach their conclusions. Students taking the course can expect to obtain a general understanding of how constitutional adjudication is approached in the systems under study. At the same time, having read and analysed individual decisions from different jurisdictions, they will also see how judges seek to grapple with contested issues differently, based on the background socio-political context and their contrasting worldviews. Methodology: Classes will usually be conducted as a series of conversations among participants about the readings. For some topics, there will be short ten-minute lectures for the purpose of providing an overview at the start of class. Students are expected to actively participate in class discussions and on the online forum. Course Convenor: As/P Arun K Thiruvengadam Co-teacher(s): NA Module Codes: LL4012 / LL5012 / LL6012 Contact Hours: 3-hrs continuous weekly seminar Workload: 3 hours Mode of Assessment: Class Participation/Presentation - 40%; 1 short written Comment & Research paper -60%; [If class size exceeds 25 it will be - Class participation - 20%; Take Home exam - 80%]. Preclusions: Students who have done Comparative constitutional Law [Module code: L55.3027] under the NYU@NUS Summer Session 2008 are precluded. Prerequisites: NUS Compulsory Core Law Curriculum or equivalent. Examination Date: 100% Continuous Assessment Click here to go Back |
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