Studying at York
Comparative Constitutional Law & Theory - LAW00080M
Module summary
The module addresses a number of theoretical and empirical issues issues at the crossroads of legal, constitutional and political theory. Activities include engagement with constitutional texts from a number of jurisdictions (both common law, such as Britain, Canada and the US and civil law ones, such as France and Germany), pertinent case law and a range of theoretical materials on constitutional law. Students are encouraged to articulate oral and written arguments about these materials in a teaching format based on seminars. The main aim of the module is to ultimately help students think critically both legally and theoretically about constitutional law at from both a domestic and a comparative perspective.
Professional requirements
N/A.
Related modules
There are nor pre-requisites for this module.
Module will run
| Occurrence | Teaching period |
|---|---|
| A | Semester 2 2024-25 |
Module aims
There are three main aims.
First, to acquire knowledge about the functioning of the UK constitution and a range of other non-British constitutions.
Second, to acquire knowledge and apply a range of constitutional theories to both domestic and non-British constitutions.
Third, to think critically about the main concepts of contemporary constitutionalism.
No prior legal knowledge is expected (although you will acquire some as the course progresses.)
Module learning outcomes
Learning Outcomes : By the end of the module, you will be able to:
-
- Defend your conceptual understanding of the demands of various constitutional principles.
- Describe and critically evaluate the institutionalisation of those principles in the UK constitution.
- Engage with legal materials concerning the UK constitution.
- Engage with scholarly theoretical materials concerning constitutionalism.
- Describe and critically evaluate key features of the UK constitutional landscape.
- Apply comparative techniques in analysing the UK constitution against a number of other constitutions.
Module content
This course examines and evaluates some aspects of the way in which the UK constitution allocates authority to and between state institutions. It also places the UK constitution in a comparative context, drawing on constitutional developments from other common law (Canada, US) and civil law (France, Germany) countries.
We will discuss the demands of constitutional principles (such as democracy, the separation of powers and the rule of law) and ask how, if at all, they are accommodated or honoured by the UK constitution and other constitutions.
We will explore and evaluate some features of the contemporary UK constitution (such as its enthusiasm for unwritten regulation, parliamentary sovereignty and parliamentary privilege) and compare them with the way other constitutions function.
No prior legal knowledge is expected (although you will acquire some as the course progresses.)
Indicative assessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 100 |
Special assessment rules
None
Additional assessment information
Formative assessment shall take the form of presentations by students during week 6, followed by feedback from the module leader.
Indicative reassessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 100 |
Module feedback
Students shall receive feedback on their assessment, which is essay-based, in the normal way, i.e. within the University's Policy on Assessment Feedback Turnaround time and in the form of written comments to their essays.
Indicative reading
Jeremy Waldron, Political Political Theory: An Inaugural Lecture (2013) 21 Journal of Political Philosophy 1 23
Jeremy Waldron, Constitutionalism: A Skeptical View http://ssrn.com/abstract=1722771
Dimitrios Kyritsis, Where our Protection Lies, OUP, 2017