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Unit of study_

JURS6018: Constitutional Theory

2021 unit information

This unit will address the role that constitutionalism is expected to play in a democratic state, and will explore various constitutional theories. The main focus will be on theoretical attempts at reconciling commitments to constitutionalism with emphasis on democratic participation: 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 will be explored. The unit will also discuss 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. The unit will follow a seminar format with the emphasis on class discussion of unit materials. First two days will be focused on the instructor's lectures while two remaining days on students' presentations.

Unit details and rules

Managing faculty or University school:

Law

Code JURS6018
Academic unit Law
Credit points 6
Prerequisites:
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None
Corequisites:
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None
Prohibitions:
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None
Assumed knowledge:
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None

At the completion of this unit, you should be able to:

  • LO1. demonstrate your capacity to conduct a critical, theoretically sound reflection about the key issues raised by constitutional practice in Australia and around the world
  • LO2. demonstrate and apply basic knowledge about the main constitutional theories in the world today,
  • LO3. demonstrate your understanding of and critically evaluate the key concepts of constitutional theory, such as separation of powers, direct democracy, federalism, etc.

Unit availability

This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.

The outline is published 2 weeks before the first day of teaching. You can look at previous outlines for a guide to the details of a unit.

There are no availabilities for this year.
Session MoA ?  Location Outline ? 
Intensive September 2020
Block mode Camperdown/Darlington, Sydney
Intensive September 2021
Block mode Remote

Modes of attendance (MoA)

This refers to the Mode of attendance (MoA) for the unit as it appears when you’re selecting your units in Sydney Student. Find more information about modes of attendance on our website.