LLAW6156 & JDOC6156

General Course Information

1.1 Course details

Course code: LLAW6156 / JDOC6156
Course name: Comparative Constitutional Law
Programme offered under: LLM Programme / JD Programme
Semester: First
Prerequisites / Co-requisites: No
Credit point value: 9 credit / 6 credits

1.2 Course description

This course provides an introduction to comparative constitutional law with a focus on systems of rights protection.   After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, we will focus on the consolidation of the proportionality framework as the dominant, best-practice standard for rights adjudication.  Proportionality analysis is a highly intrusive mode of judicial supervision: it permits government to limit rights, but only when necessary to achieve a sufficiently important public interest.  Since the 1950s, virtually every powerful domestic and international court has adopted proportionality analysis as the central method for protecting rights.  The result has been a massive – and truly global – transformation of law and politics.  While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the very heart of governance in the modern constitutional state and in regional human rights regimes.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Alec Stone Sweet asweet@hku.hk CCT 903 By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Compare and critically evaluate competing descriptive theories of constitutional drafting.

CLO 2 Apply social science theories to describe and explain the behavior of courts.

CLO 3 Describe and explain competing views of the impact of globalization on constitutional law.

CLO 4 Critically evaluate constitutional jurisprudence and make constitutional arguments from a comparative perspective.

CLO 5 Critically evaluate constitutional jurisprudence and make constitutional arguments from a comparative perspective.

2.2 LLM and JD Programme Learning Outcomes (PLOs)

Please refer to the following link:

LLM – https://course.law.hku.hk/llm-plo/

JD – https://course.law.hku.hk/jd-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

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
To be advised TBA 100% 1, 2, 3, 4, 5
*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

Seminar: 3 hours / week for 12 teaching 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 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/