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School of Law, Politics and Sociology

Canadian Constitutional Law Advanced (M3078)

Canadian Constitutional Law in Comparative Perspective Advanced

Module M3078

Module details for 2022/23.

15 credits

FHEQ Level 5

Module Outline

The distinctive nature and history of the Canadian state and Canadian constitutional arrangements make it an interesting study in its own right and a useful comparator at a time of growing discussion and interest in the field of constitutionalism. The Canadian model with its Charter of Rights and Freedoms provides a source of influence and inspiration to the UK and other Commonwealth countries and is frequently used as a comparator particularly because of the multi-faceted nature of the Canadian state and the commitment of the Canadian Constitution to multi-culturalism. Canadian constitutional law is examined in comparative perspective.

This module introduces students to the history, structures, sources and nature of the Canadian Constitution. In particular the module examines the distinctive history of the Canadian constitutional arrangements and the development of a rich Canadian constitutional literature which has made a major contribution to discussions of constitutionalism and difference. The context of multi-national Canadian democracy provides a particularly interesting case study for an examination of Constitutional contestation and the course examines how this context has influenced the structure of the Canadian state, including Canadian federalism, constitutional change in Canada and the adjudication of the Canadian Charter of Rights and Freedoms 1982 through the courts.

Pre-Requisite

Public Law I (M3006)

Additional Learning Tasks

Students of this level 5 course will be able to demonstrate knowledge and understanding of the subject; the ability to employ that knowledge to solve novel legal problems; and the ability to analyse critically the current law. Students will further be able to work independently, demonstrating legal research skills and communicate effectively, using the principles and concepts of the discipline.

Module learning outcomes

Demonstrate a comprehension of the sources, history, structure and nature of the Canadian constitution.

Be able to identify constitutional issues and apply Canadian constitutional jurisprudence to novel situations and in particular Charter claims.

Be able to place the Canadian constitution in theoretical and comparative perspective and give a critical evaluation of both the text and jurisprudence of the Canadian constitution.

Be able to present a written analysis of the legal principles which apply to Federal and Charter constitutional review.

TypeTimingWeighting
Distance Exam (2000 words)Semester 2 Assessment100.00%
Timing

Submission deadlines may vary for different types of assignment/groups of students.

Weighting

Coursework components (if listed) total 100% of the overall coursework weighting value.

TermMethodDurationWeek pattern
Spring SemesterLecture1 hour22222222222
Spring SemesterSeminar1 hour00011111100
Spring SemesterWorkshop2 hours00000000100
Autumn SemesterProject

How to read the week pattern

The numbers indicate the weeks of the term and how many events take place each week.

Dr Charlotte Skeet

Convenor, Assess convenor
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