Module overview
The Module provides a critical reflection on the development and state of constitutional law in Canada. We will examine the core content of Canadian constitutional law in its historical and theoretical context(s). In the process, we will gain an understanding of and be able to analyse each of its core components (viz., federalism, human rights, and Indigenous rights).
Aims and Objectives
Learning Outcomes
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- Assess the importance of constitutional law in relation to the distribution of public goods and legal entitlements to individuals, communities, and political jurisdictions.
- Assess claims concerning the nature and value of human rights in liberal democracies; and
- Critically evaluate the Constitution of Canada, legal doctrine thereon, and ongoing academic and political debates calling for new interpretations or reforms;
- Construct arguments clearly and coherently in writing and orally through seminar discussion;
- Assess the value of federalism as a mode of constitutional governance and choices concerning how to distribute and interpret constitutional powers in federal states;
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- The principles of constitutionalism that underpin the doctrinal rules and application of the law;
- The development, nature, and rules of and norms concerning Canadian federalism, the Canadian Charter of Rights and Freedoms, and the constitutional status of Canada’s Indigenous peoples; and
- The historical evolution of Canada and its evolution into a constitutional state;
- Major political and academic debates concerning discrete issues within categories above.
- The sources of constitutional law in Canada and differences between them;
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- Exercise initiative, responsibility, and creativity to conduct a piece of independent research.
- Engage and apply comparative and critical approaches to a wide variety of issues;
- Think critically about the implications of the assigned materials for modern law in historically diverse and complex political communities;
- Think critically, develop coherent arguments, and communicate these arguments to a group of peers; and
- Locate and analyse relevant legal, political, historical, and other primary and secondary source materials;
Syllabus
This module is an introduction to and critical reflection on the development and state of Canadian Constitutional Law. It provides a mix of historical, doctrinal, and conceptual analyses in hopes of placing legal doctrine in its broader context. The module is organized around three key themes reflecting the major building blocks of Canadian Constitutional Law: the nature and implications of federal governance, the role of human rights in liberal democracies, and the position and rights of Indigenous peoples. We will examine how and when these themes overlap and discuss their implications for both Canada and the world throughout each stage.
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; and
• your organisational and time management skills.
| Type | Hours |
|---|---|
| Seminar | 20 |
| Completion of assessment task | 20 |
| Preparation for scheduled sessions | 110 |
| Total study time | 150 |
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 |
|---|---|
| Coursework | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
| Method | Percentage contribution |
|---|---|
| Coursework | 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 |
|---|---|
| Coursework | 100% |
Repeat Information
Repeat type: Internal & External