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PUL802

Comparative Constitutional Law II

  • Law
  • 800 level
  • 3 credit units
  • 201 pages
  • 15 units

This course provides an in-depth exploration of comparative constitutional law, focusing on the definition, scope, structure, and development of constitutional law. It examines the sources and functions of constitutions, separation of powers, rule of law, and conventions. The course also covers fundamental objectives and directive principles of state policy, fundamental rights, impeachment, protection of public officers, fiscal federalism, delegated legislation, and constitutional interpretation. Students will gain a comprehensive understanding of constitutional principles and their practical application.

About this course

Difficulty
Intermediate
Study hours
208 hours
Maths
None
Content
Theoretical, case study
Practical work
No
How it is assessed
  • Assignments
  • Tutor marked assessments
  • Final examination

One paragraph, so you can see how it reads

PUL802 · UNIT 2 RULE OF LAW

As a general rule inherent in the American Constitutional system, that unless otherwise expressly provided or incidental to the powers conferred, the legislature cannot exercise either executive or judicial power, the judiciary cannot exercise either executive or legislative power.

What you should be able to do

  1. Explain the principles of separation of powers and rule of law.
  2. Analyze the scope and limitations of fundamental rights.
  3. Evaluate the constitutional framework for fiscal federalism in Nigeria.
  4. Assess the impact of military rule on constitutional law.
  5. Apply canons of interpretation to constitutional and statutory provisions.
  6. Understand the legal requirements for impeachment and pre-action notices.

What it prepares you for

Careers
  • Legal Practitioner
  • Policy Analyst
  • Legislative Aide
  • Judicial Officer
  • Governance Expert
Where it is applied
  • Law
  • Government
  • Public Policy
  • Judiciary
  • Civil Service

Where it gets hard

The units students slow down on, and what makes each one heavy.

  • Module 1:

    Unit 1: Separation of Powers

    Advanced legal reasoning and analysis of complex case laws are required to fully grasp the implications of the doctrine.

  • Module 2:

    Unit 3: Judicial Review

    Understanding the nuances of legal standing and the interplay between constitutional rights and limitations requires careful study.

  • Module 3:

    Unit 1: Impeachment

    The intricate procedures and legal interpretations surrounding impeachment processes demand meticulous attention to detail.

A suggested way through it

Suggested

13 weeks, about 28 hours in total. Yours will differ.

  1. Week 1Module 1:
    • Unit 1: Separation of Powers · 2 hours

      Read Unit 1: Understand the historical context and philosophical underpinnings of the separation of powers.. Analyze case laws such as Springer v Government of Philippines Islands and Liyanage v The Queen.. Differentiate between parliamentary and presidential systems regarding separation of powers..

  2. Week 2Module 1:
    • Unit 2: Rule of Law · 2 hours

      Study Unit 2: Examine the concept of the Rule of Law and its theoretical and practical aspects.. Analyze judicial opinions on the rule of law, including In Re: Mohammed Olayori and Ors and Elesie Agbai & 5 Ors v Samuel Okogbue.. Discuss the relationship between the rule of law and constitutional immunities..

  3. Week 3Module 1:
    • Unit 3: Conventions · 2 hours

      Study Unit 3: Understand the nature and role of conventions in constitutional law.. Analyze the case of Hon SL Akintola v Sir Adesoji Aderemi to understand the application of conventions.. Discuss the codification of conventions and their impact on constitutional harmony..

  4. Week 4Module 1:
    • Unit 4: Federalism in Nigeria · 2 hours

      Study Unit 4: Understand the principles and dynamics of federalism.. Analyze the case of Attorney General of Abia State Ors vs Attorney General of the Federation.. Discuss the distribution of powers between the federal and state governments..

  5. Week 5Module 2:
    • Unit 1: Separation of Powers · 2 hours

      Study Unit 1: Understand the nature and scope of Fundamental Objectives and Directive Principles of State Policy.. Analyze the enforceability of socio-economic rights in Nigeria compared to other jurisdictions.. Discuss the historical context and evolution of these principles in Nigeria..

  6. Week 6Module 2:
    • Unit 2: Fundamental Rights · 2 hours

      Study Unit 2: Understand the fundamental rights under the 1999 Constitution.. Analyze case laws related to fundamental rights, such as Tony Momoh v Senate of the National Assembly and Shugaba Abdulrahaman Darman v Federation Minister of Internal Affairs.. Discuss the limitations and enforcement of fundamental rights..

  7. Week 7Module 2:
    • Unit 3: Judicial Review · 2 hours

      Study Unit 3: Understand the concept of judicial review and its scope.. Analyze the case of Ashwander v Tennesesse Valley Authority to understand the standards for judicial review.. Differentiate judicial review from appeal and understand the grounds for judicial review..

  8. Week 8Module 2:
    • Unit 4: Bill of Rights in France, South Africa and Nigeria · 2 hours

      Study Unit 4: Compare and contrast the Bill of Rights in France, South Africa, and Nigeria.. Analyze the historical context and philosophical underpinnings of each Bill of Rights.. Discuss the similarities and differences in the protection of individual rights..

  9. Week 9Module 3:
    • Unit 1: Impeachment · 2 hours

      Study Unit 1: Understand the constitutional provisions for impeachment.. Analyze the process of impeachment for the President, Vice President, Governors, and Deputy Governors.. Discuss the case of Chief Enyi Abaribe v Speaker, Abia State House of Assembly..

  10. Week 10Module 3:
    • Unit 2: Protection of Public Officers · 2 hours

      Study Unit 2: Understand the protections afforded to public officers under the law.. Analyze the Public Officers Protection Act and the concept of constitutional immunity.. Discuss the case of DSP Alamieyeigha v Chief Saturday Yeiwa and Others..

  11. Week 11Module 3:
    • Unit 3: Pre-Action Notice · 2 hours

      Study Unit 3: Understand the purpose and requirements of pre-action notices.. Analyze the case of Obafemi Awolowo University, Ile Ife v RA Oliyide & Sons Ltd to understand the requirements for a valid pre-action notice.. Discuss the effects of non-compliance with pre-action notice requirements..

  12. Week 12Module 3:
    • Unit 4: Fiscal Federalism · 2 hours

      Study Unit 4: Understand the principles of fiscal federalism and revenue allocation in Nigeria.. Analyze the case of Attorney General of Ondo State v Attorney General of the Federation and 36 Ors to understand the constitutional powers related to revenue allocation.. Discuss the role of the Revenue Mobilisation Allocation and Fiscal Commission..

  13. Week 13Module 4:
    • Unit 1: Delegated legislation · 2 hours

      Study Unit 1: Understand the concept of delegated legislation and its forms.. Analyze the reasons for delegated legislation and its limitations.. Discuss the case of Re Delhi Laws Act to understand the scope of delegated legislative powers..

    • Unit 2: Constitutional and Statutory Interpretation · 2 hours

      Review all course materials and key concepts.. Practice essay questions and case studies.. Focus on areas of weakness identified during the semester..

Preparing for the exam

What to do
  • Create detailed outlines for each module, focusing on key concepts and case laws.
  • Develop comparative charts for different constitutional systems (e.g., Nigeria, France, South Africa).
  • Practice applying legal principles to hypothetical scenarios, especially regarding fundamental rights and judicial review.
  • Review all Tutor Marked Assignments (TMAs) and identify areas needing further study.
  • Memorize key constitutional provisions related to separation of powers, fundamental rights, and revenue allocation.
  • Create concept maps linking Units 3-5 database concepts
  • Focus on understanding the legal reasoning behind landmark cases, not just the outcomes.
  • Allocate specific study time for each module, prioritizing areas of weakness.
  • Simulate exam conditions by completing practice questions within a time limit.
  • Review past exam papers to identify common question types and focus areas.

Questions students ask about this course

What is PUL802 about?

This course provides an in-depth exploration of comparative constitutional law, focusing on the definition, scope, structure, and development of constitutional law. It examines the sources and functions of constitutions, separation of powers, rule of law, and conventions. The course also covers fundamental objectives and directive principles of state policy, fundamental rights, impeachment, protection of public officers, fiscal federalism, delegated legislation, and constitutional interpretation. Students will gain a comprehensive understanding of constitutional principles and their practical application.

How many units does PUL802 have?

PUL802, Comparative Constitutional Law II, has 15 units across 4 modules, over 201 pages of course material. You can read it one unit at a time.

How many credit units is PUL802?

PUL802 carries 3 credit units, at 800 level in Law.

Is PUL802 hard?

PUL802 is rated intermediate level, with no mathematical content. It is mostly theoretical and case study work.

How long does PUL802 take to study?

About 208 hours of study, spread across its 15 units.

How is PUL802 assessed?

PUL802 is assessed by assignments, tutor marked assessments and final examination.

What can I do with PUL802?

Legal Practitioner, Policy Analyst, Legislative Aide, Judicial Officer and Governance Expert.

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