- Ms Emma R Mcclean (Senior Lecturer - Westminster University)
|Delivery Type||Delivery length / details|
|Lecture||16 x 1 Hour Lectures|
|Seminar||3 x 1 Hour Seminars|
|Assessment Type||Assessment length / details||Proportion|
|Semester Exam||1.5 Hours Exam This exam is 'Open Book'. Candidates may bring any materials (notes and books) into the examination, with the exception of any library books and electronic devices.||100%|
|Supplementary Exam||1.5 Hours Exam This exam is 'Open Book'. Candidates may bring any materials (notes and books) into the examination, with the exception of any library books and electronic devices.||100%|
On successful completion of this module students should be able to:
1. Demonstrate some familiarity with the studied legal systems;
2. Be able to compare some aspects of written constitutions;
3. Critically reflect of some key public law issues;
4. Identify some of the possible comparative approaches and illustrate them;
5. For Law and Language students only: develop some familiarity with legal terminology in the studied foreign language.
This module invites students to learn about some key aspects of Public Law in other European systems (i.e. Belgium, France, Germany and Spain). On the basis of the chosen examples students are invited to engage in the process of legal comparison and to reflect on its implications. The course is research based and introduces students to some of the cutting edge debates in relation to the use of comparative law, with particular focus on the process of europeanisation of law.
Comparing constitutions: Key features and functions of written constitutions, making sense of written constitutions while being aware of wider political background; distinguishing and grouping the constitutions; developing critical analysis with the help of comparison of foreign, as well as, of own constitution.
Comparing institutions: Focused study of a specific institution (e.g. constitutional courts, or prime minister, president), how to design an institution on the basis of comparison. The choice of the institution may vary, depending on legal developments and teaching team.
Comparative law in the 21st century: Critical reflection of use of comparative materials in judicial reasoning and for law reforms; discussion of the processes of globalization, europeanisation and importation of law.
The module provides students with the possibility to engage in the process of legal comparison, to develop their understanding of some aspects studied in other courses (such as Constitutional Law or European Law) and to deal with complex legal issues. Moreover, this course obviously raises student's awareness about the existence of different legal systems. It encourages open-mindedness and curiosity towards other legal systems and ways of addressing legal issues.
This module is at CQFW Level 6