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Constitutionalism - JURD7393
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Faculty: Faculty of Law
School:  School of Law
Campus: Kensington Campus
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 4
Enrolment Requirements:
Prerequisite: LAWS1001 and LAWS1011; Corequisite: LAWS2311.
Excluded: LAWS3293
Fee Band:   (more info)
Further Information: See Class Timetable


This course will introduce students to discussion and criticism of the institutional and theoretical underpinnings of a liberal-democratic constitutional order. It will do this by way both of examination of some of the key moments in constitutional development and design, and of discussion of some of the central issues of political and legal theory which constitutionalism raises. Among the topics considered are: 1. Philosophical history of the notion of constitutionalism and of such related ideas as: sovereignty, rights, the rule of law, separation of powers, republicanism, and federalism; 2. Issues in the design of constitutional order: the American Founding Fathers, the nineteenth century idea of the Rechtsstaat (law-governed state), and contemporary constitutional experiments in post- communist Europe; 3. Constitutional interpretation via judicial review, particularly the problem of applying constitutional texts in changing circumstances; 4.The sources of constitutional legitimacy.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.