AP/PHIL3190 3.0 M: Issues in Constitutional Law
Offered by: PHIL
Session
Winter 2020
Term
W
Format
LECT
Instructor
Calendar Description / Prerequisite / Co-Requisite
An exploration of philosophical issues in constitutional law. Among the topics covered are: the nature of constitutions; the value of written constitutions; theories of constitutional interpretation; judicial review and judicial activism; constitutional rights. Prerequisite: AP/PHIL 2050 6.00. Course credit exclusions: None. PRIOR TO FALL 2009: Prerequisite: AK/AS/PHIL 2050 6.00. Course credit exclusion: AS/PHIL 3190 3.00.
Dr. Xavier Scott
Office: Ross S 447
Phone Number: (416) 736-2100 Ext. 33134
E-mail: xscott@yorku.ca
Office Hours: Tuesday & Thursday: 12:30-1:30 and by appointment
In this course we will ask the following set of core questions: What is a constitution? Why are constitutions thought to be valuable? What do they promise to deliver? What does a society commit itself to in recognizing in law fundamental divisions of power and sometimes basic rights and freedoms? We will attempt in this course to build an understanding of the nature of constitutions and why their characteristic features are often matters of divided and mixed commitment.
Readings are available electronically on the Moodle website associated with the course.
Assignment | Date | Weight |
Charter Test | January 21st | 15% |
Attendance and Discussion Board | Ongoing | 20% |
Case Summary | February 25th | 10% |
Critical Essay | March 12th | 25% |
Final Exam | TBA (exam schedule) | 30% |
The course involves two lectures each week, which will be comprised of a combination of lecture-style presentation of themes and arguments in theories of constitutionalism, and in-depth group discussion of the merits of the views under consideration. The required readings are central to the course, and must be read carefully.
- Students will be able to engage the major contemporary debates in constitutional theory, and the moral systems and theories underlying various positions in those debates.
- Students will be able to think critically about the nature and purpose of constitutions, the limits of constitutional order, and what constitutions can tell us about law in general.
- Students will develop advanced analytic and communicative skills in philosophy; namely, the ability to articulate and defend a coherent thesis within an essay, as well as the ability to absorb, synthesize and reflect upon complex information gained from reading assignments and classroom discussion.
- Academic Honesty
- Student Rights and Responsibilities
- Religious Observance
- Grading Scheme and Feedback
- 20% Rule
No examinations or tests collectively worth more than 20% of the final grade in a course will be given during the final 14 calendar days of classes in a term. The exceptions to the rule are classes which regularly meet Friday evenings or on Saturday and/or Sunday at any time, and courses offered in the compressed summer terms. - Academic Accommodation for Students with Disabilities