Module overview
The Module provides a critical reflection on the development and state of constitutional law in Canada. We will reflect on the way constitutional law founded the transition from colony to constitutional state. Furthermore the module considers how, in contemporary Canada, constitutional law is called upon to mediate deep historical social divisions and tensions and also to foster a social and political culture of tolerance and equality.
Aims and Objectives
Learning Outcomes
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- analyse and reflect upon the nature and effect of constitutional rights when defining individual and collective identities in the light of historical and current political struggles over race, gender, regional and Aboriginal self-determination;
- assess the importance of constitutional law in relation to the distribution of public goods and legal entitlements to individuals, communities and political jurisdictions;
- critically evaluate the pressures for reform and change in the Canadian constitutional settlement;
- think critically about the implications for modern law in historically diverse and complex political communities.
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- the historical evolution of the Canadian constitutional settlement, in particular, the transition from a colonial territory to a constitutional state;
- the sources of constitutional law in Canada and the differences between them;
- the principles of constitutionalism which underpin the doctrinal rules and application of the law;
- the tensions between a system of individual rights stemming from the Charter of Rights and the protection of group and collective rights, including those of the Aboriginal peoples of Canada.
- the development of the Federal structure of governance in Canada and the significance of the system of Parliamentary democracy;
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- ocate and analyse relevant other primary and secondary source materials;
- exercise initiative, responsibility and creativity to conduct a piece of independent research and to engage with personal and professional development.
- construct arguments clearly and coherently in writing demonstrating an appreciation of academic integrity;
- think critically, develop coherent arguments and communicate these arguments;
- engage and apply comparative and critical approaches to a wide variety of issues;
Syllabus
This module will introduce to you the Law, Institutions, Historical development and tensions which underpin the on-going development of the Canadian Constitution. Topics covered may vary slightly from year to year but will typically include:
- Outline of the historical development of the Canadian constitutional settlement;
- Sources of the Constitution Law of Canada;
- Federalism;
- Aboriginal Rights;
- Charter of Rights;
- Equality.
Learning and Teaching
Teaching and learning methods
The Module is taught by means of a weekly 2-hour seminars. You will be expected to have read materials assigned and where appropriate to take full part in discussion of them with your tutor and fellow students.
Preparation for and participation in the weekly seminars will develop:
- knowledge required to satisfactorily achieve the stated learning outcomes;
- your ability to assess and comment critically on the effectiveness of others’ legal argument and to discuss and defend your own argument;
- your ability to engage effectively with key legal research skills;
- your organisational and time management skills.
Type | Hours |
---|---|
Preparation for scheduled sessions | 110 |
Seminar | 20 |
Completion of assessment task | 20 |
Total study time | 150 |
Resources & Reading list
Textbooks
Patrick Macklem and Carol Rogerson (2010). Canadian Constitutional Law. Toronto: Edmond Montgomery Publications.
Peter W Hogg (2012). Constitutional Law of Canada. Toronto: Carswell.
Assessment
Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Essay
- Assessment Type: Formative
- Feedback: Written feedback.
- Final Assessment: No
- Group Work: No
Summative
This is how we’ll formally assess what you have learned in this module.
Method | Percentage contribution |
---|---|
Essay | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
Method | Percentage contribution |
---|---|
Essay | 100% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
Method | Percentage contribution |
---|---|
Essay | 100% |
Repeat Information
Repeat type: Internal & External