Litigating the Bill of Rights

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PBL5633S

Higher postgraduate course, second semester.

Course co-ordinator: Professor MH Cheadle and Judge DM Davis.

Pre-requisites: See Rules for LLM and MPhil Degrees and Postgraduate Diplomas.

Course Outline:
This course will explore approaches to constitutional litigation by way of disputes based upon the bill of rights (Chapter 2 of the Constitution). In particular the course will examine the way in which the three cornerstones of Chapter 2, the application provision (s8), the limitation clause(s36), and the approach to constitutional interpretation, shape the way in which constitutional cases are pleaded and argued.

The course will be run as a series of seminars in which each student will be expected to present a paper. These seminars will concentrate on three key areas and their implications for litigation. In each of the seminars, the use of comparative authority will be comprehensively examined.

Lectures : Three hours weekly, by arrangement.

DP requirements: Satisfactory attendance at and participation in lectures and seminar sessions.

Assessment: The final examination may be conducted by way of a moot court, in which students will be expected to draft heads of argument and argue the case; or alternatively by way of written seminar paper and an oral examination.

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