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Division of Powers - Syllabus
CONSTITUTIONAL LAW II - CML 2313
PROFESSOR JOSEPH MAGNET
SYLLABUS
COURSE
DESCRIPTION
CML 2313 is an introductory
course devoted to the structure and operation of Canada's Constitution. CML 2313
will introduce students to the legal doctrines that underlie the
Constitution of Canada, particularly to the doctrine of federalism. CML
2313 will also introduce students to the process of Canada's
continuing constitutional evolution.
Readings are assigned for each class
according to the schedule below. Students are expected to read the assigned
materials prior to the class indicated, and to be prepared to discuss the
materials in class.
COURSE OBJECTIVES
1. To familiarize
students with the structure and substance of Canadian Constitutional Law,
excluding the Charter of Rights;
2. To familiarize
students with techniques of Constitutional interpretation;
3. To introduce
students to the literature which expounds the Constitution, including case
law and doctrine;
4. To introduce
students to techniques for identifying Constitutional issues; and
5. To introduce students
to methods of analysis which involve the Constitution in resolving legal
problems.
SKILLS
What intellectual skills will you learn in this course? At the
conclusion of this course, you should be able to:
§
recognize a constitutional issue inside a
story;
§
analyze what facts are relevant in the
story, and which are missing, in order to litigate the constitutional issue
in court;
§
advise a client about what a court is
likely to decide concerning the issue you have identified;
§
identify the kinds of arguments a court
will likely find persuasive on both sides of the issue;
§
manufacture mature versions of these
arguments.
EVALUATION
One take home, final
examination, six hours in length, with a maximum submission of ten, typed
(12 pt) double spaced pages, will count for 100% of the final mark. You may
also write this exam in the law school computer lab, which will be reserved
for your use at exam time.
REQUIRED TEXTS
J.E. Magnet, Constitutional
Law of Canada (9th edition), Vol.
I. Edmonton: Juriliber, 2007
Supplementary readings
as indicated in class (if any). Supplementary readings will be placed on
reserve in the law library.
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