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Unit information: Learning from the US Constitutional Experience in 2024/25

Please note: Programme and unit information may change as the relevant academic field develops. We may also make changes to the structure of programmes and assessments to improve the student experience.

Unit name Learning from the US Constitutional Experience
Unit code LAWD20050
Credit points 20
Level of study I/5
Teaching block(s) Teaching Block 2 (weeks 13 - 24)
Unit director Mr. Stafford Smith
Open unit status Not open
Units you must take before you take this one (pre-requisite units)

None

Units you must take alongside this one (co-requisite units)

None

Units you may not take alongside this one

None

School/department University of Bristol Law School
Faculty Faculty of Social Sciences and Law

Unit Information

Why is this Unit important?

The US Constitution is a litany of the criticisms of the UK circa 1776 – in terms of the requirement of a clear structure of government in a fragmented society, the need for a powerful judiciary, and the overriding need for a Bill of Rights to protect the powerless from the strong. The British legal system seems oblivious to the fact that almost all the criticisms remain true. The unit explores the range of issues from true free speech to challenging the government, in the context of real life capital and terrorism cases related to the expertise of the teaching team.

How does this Unit fit into your Programme of Study?

This is an optional second-year unit which can also be taken in your final year. It builds on foundational ideas and topics explored in Year One units, such as Constitutional Rights and Criminal Law, and explores these through practical examples drawn from the expertise of the teaching team. This unit may also be helpful for students in choosing a topic, and further developing the skills, for their final year Independent Research Project.

Your learning on this unit

An overview of content

Each class will address a different facet of individual rights, and constitutional structure, with a critical eye on how it is applied in the UK as contrasted to (particularly) the US. The course will be framed around the professor’s 40 years of practical experience in death penalty and civil rights litigation in the US. The purpose of this unit is to show students how the legal studies performed in Year 1 apply in the real world, while challenging the students not to accept the status quo. The UK legal establishment is sometimes complacent when it comes to practical application, and the students’ careers should be focused on improving everything we are asked to do.

How will students, personally, be different as a result of the unit

Students will have a deeper and more contextual understanding of constitutional rights and the ways these may or may not be adequately protected under law. This unit also encourages students to find their voice and consider how they use the skills and knowledge acquired in their future career.

Learning Outcomes

By the end of this unit a successful student will be able to:

  1. Understand and explain the difference between the amorphous UK constitutional system and other more concrete written constitutions, including those found in the US and some Asian countries.
  2. Analyse and critically evaluate proposals for the reform of the law that lead towards various forms of a Bill of (Human) Rights.
  3. Analyse and critically evaluate proposals for the reform of the law that lead towards a structural constitution that could better govern the relationships between the various nations in the UK, and between the Legislature, the ‘Executive’ and the Judiciary.
  4. Analyse and critically evaluate the overlap between different mechanisms for delivering justice to clients, including the intersection between the Court of Law, the Court of Public Opinion and the influence of NGOs.
  5. Select and apply legal provisions, case law and strategic thinking to problem scenarios relating to the law of human rights.

How you will learn

Teaching is via interactive seminar discussions exploring particular issues/cases in depth, where students will be expected to engage fully with discussion questions and limited set readings.

How you will be assessed

Tasks which help you learn and prepare you for summative tasks (formative):

You will submit a formative essay (no more than 1500 words) critically analysing your favourite chosen right in the U.S. constitution, or a sketching out of a right that is not in the constitution that you think should be. You will receive individual written feedback on this work.

Tasks which count towards your unit mark (summative):

The summative assessment also requires you to submit a critical analysis of a right within the US constitution or one which is not in the constitution but you think should be. You are able to develop your formative work for summative submission or choose a different focus. The summative assessment requires you to write 3000 words, of which no more than 750 words is a reflective account of your experience of the course. This assessment covers all Intended Learning Outcomes for this unit.

When assessment does not go to plan

When a student fails the unit and is eligible to resubmit, the unit will be reassessed on a like-for-like basis. The Board of Examiners will consider all cases where students have failed or not completed the assessment required for credit in the usual way.

Resources

If this unit has a Resource List, you will normally find a link to it in the Blackboard area for the unit. Sometimes there will be a separate link for each weekly topic.

If you are unable to access a list through Blackboard, you can also find it via the Resource Lists homepage. Search for the list by the unit name or code (e.g. LAWD20050).

How much time the unit requires
Each credit equates to 10 hours of total student input. For example a 20 credit unit will take you 200 hours of study to complete. Your total learning time is made up of contact time, directed learning tasks, independent learning and assessment activity.

See the University Workload statement relating to this unit for more information.

Assessment
The Board of Examiners will consider all cases where students have failed or not completed the assessments required for credit. The Board considers each student's outcomes across all the units which contribute to each year's programme of study. For appropriate assessments, if you have self-certificated your absence, you will normally be required to complete it the next time it runs (for assessments at the end of TB1 and TB2 this is usually in the next re-assessment period).
The Board of Examiners will take into account any exceptional circumstances and operates within the Regulations and Code of Practice for Taught Programmes.

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