LLAW2001

General Course Information

1.1 Course details

Course code: LLAW2001
Course name: Constitutional Law
Programme offered under: LLB Programme
Semester: First
Designated research course: Not applicable
Specialization: Not applicable
Prerequisites / Co-requisites: No
Course offered to non-law students: No
Credit point value: 6 credits

1.2 Course description

Constitutions establish public power, divide it among different branches and levels of government, and regulate the relationship between the government and the people. The constitutional law of the Hong Kong Special Administrative Region performs these functions in a distinctive setting: a common law jurisdiction of liberal orientation, exercising a high degree of autonomy while being part of a unitary socialist state. This course anatomises that arrangement from its making to its testing. We examine the meaning of constitutions and constitutionalism; the genesis and architecture of Hong Kong’s constitutional order under the ‘One Country, Two Systems’ policy; the design and evolution of the political structure; the nature and extent of the Region’s autonomy; the interpretation of the Hong Kong Basic Law; the constitutional jurisdiction of the Region’s courts; the protection of national security; and the adjudication of constitutional rights and freedoms. Throughout the course, we ask how well the tensions within this constitutional order have been mediated, including those arising from the autonomy it guarantees and the sovereignty within which that autonomy operates.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor / tutor Cora Chan corachan@hku.hk CCT 805 By email
Course convenor Trevor Wan trevorwan@hku.hk CCT 305 By email
Course tutor Jason Ko kolun@hku.hk N/A By email
Course tutor Jack Man TBA N/A By email
Course tutor Jeffrey Tam jefftck@hku.hk N/A By email
Course tutor Clara Wong clarakpwong@dvc.hk N/A By email
Course tutor Cedric Yeung TBA N/A By email
Course tutor Richard Yip ryip@dcc.law N/A By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

After completing this course, students are expected to be able to:

CLO 1 describe the making of Hong Kong’s constitutional order from its colonial antecedents to the present;

CLO  2 explain the Basic Law of the Hong Kong SAR of the PRC in relation to the PRC Constitution and the ‘One Country, Two Systems’ policy;

CLO 3 outline the functions and operations of the key branches of the Hong Kong government and the relations between them;

CLO 4 analyse the evolution of Hong Kong’s political structure and the tensions within it, including those raised by political reform and the constitutional jurisdiction of the courts of the Region;

CLO 5 assess the competing arguments, the judges’ reasoning, and the outcomes in key constitutional law cases, and their effect on jurisprudential development;

CLO 6 apply principles synthesised from key constitutional jurisprudence, particularly that on constitutional rights, to novel fact situations; and

CLO 7 evaluate the nature and extent of the Region’s autonomy and its relationship with the Central Authorities in the light of political, social, and economic changes since 1997.

2.2 LLB Programme Learning Outcomes (PLOs)

Please refer to the following link: https://course.law.hku.hk/llb-plo/

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1
CLO 2
CLO 3
CLO 4
CLO 5
CLO 6
CLO 7

Assessment(s)

3.1 Assessment Summary

Assessment task Weighting Feedback method* Course learning outcomes
Tutorial participation 10% 1, 2, 3, 4, 5, 6,7
Research paper 30% 1, 2, 3, 4, 5, 6,7
Final examination 60% 1, 2, 3, 4, 5, 6,7
*Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

To be advised by course convenor(s).

3.3 Grading Criteria

Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf

Learning Activities

4.1 Learning Activity Plan

Lecture: 2 hours / week for 11 teaching weeks
Tutorial: 2 hours every two weeks for 10 weeks
Private study time: 9.5 hours / week for 12 teaching weeks

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150  ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

To be advised by the course convenor(s).

Learning Resources

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: TBA
Recommended reading list: TBA

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/