Comparative Constitutional Law module (LW51149)

This course examines racial, religious, and cultural differences central to the colonial British state. It also explores the transformation of religious and cultural representation in the world. This is important because the line between religious/cultural life and the secular remains blurred in South/Southeast Asia, Southern Africa, and Australia and continues to inform constitutional debates. Students will also explore how the British colonial state represented indigenous legal, customary, and cultural-religious forms.

What you will learn

The module opens with an introduction to Comparative Constitutional Law – its methods and diverse approaches. Students will then focus on the substantive part of the course, which includes:

• the history of British colonialism, settlement, and legal transformation in South/Southeast Asia
• southern Africa and the Australian colonies

You will also compare the legal politics of the settler colonies of the Cape and Australia with that of the British South and Southeast Asia. The module will critically explore:

• the introduction of Anglo-European ideas of colonial government
• the transformation of local forms of government
• the engagement with secularism/religion
• custom and customary law
• the influence of liberal ideas of government
• self-government

By the end of this module, you will understand:

• the myriad nature of British/European colonial intervention in Southern Africa, Asia, and the Pacific
• how the British colonial state impacted the radical shift from centralised sovereignty to decentralised forms of governmentality
• the re-ordering of social, economic, and legal relationships that were a consequence of governmentality or more horizontal forms of power
• the extent to which colonial constitutional reform, focusing on cultural and religious ideas
• how post-colonial constitutional reform was also circumscribed by the continued significance of culture/religion and land in much of the British post-colony

Assignments / assessment

The assignments comprise the following:

• Oral group presentation from a designated topic/area in the course (30%).
• Individual written coursework related to the group presentation topic (70%).

Feedback on the coursework will also support preparation for the dissertation.

This module does not have a final exam.

Teaching methods / timetable

The module will be delivered through seminars and independent study.