Research Paper - 30%

Choose a topic from the following topics:

Topic 1: What is a Constitution, and what is the purpose of a Constitution?,

Topic 2: Classification of Constitutions,

Topic 3: Component Elements of a Constitution,

Topic 4: The Making of a Constitution - Between Law & Politics?,

Topic 5: Amendment, Suspension or Repeal of Constitution,

Topic 6: Unconstitutional Abrogation of Written Constitution,

Topic 7:Relationship between a Written Constitution and other laws)

Prepare essay on the chosen topic, critically analyzing a constitutional development or issue that happened or is happening or could happen in the future. Use Fiji as your jurisdiction.

Essay Question

1. Firstly, you are to identify and briefly introduce a relevant constitutional issue or development in Fiji Islands, past, current or proposed. (NB.: An issue or development is relevant if it can relate to any of the course content of Constitutional Law LW308).
2. Secondly, you are to critically analyze that issue/development (the one you have introduced in the first part) with reference to one or more of the constitutional legal principles and doctrines covered in this course.
3. Lastly, your paper is to refer to- and to contrast the issue/development to the constitution/s of other countries in the region in comparative analysis and critical discussion.
   1. In other words:

• How was/would/may the issue/development (have) be(en) decided in that other jurisdiction and how do you think the issue should have been dealt with in the respective jurisdictions in comparison. (Note that it is OK in this part only to use Australia or New Zealand as jurisdictions in comparison).

For example, after some thorough research perhaps starting with this course's materials, newspapers and google, then turning to google scholar and other sources as discussed, your issue/development (Part I) may for example relate to the judicial interpretation of the Constitution in your own or any other USP regional jurisdiction.

For Part II, you may in consequence wish to discuss the separation of powers doctrine as some judges interpreting the Constitution may follow a very purposive approach to Constitutional interpretation bordering on legal activism. (NB.: Where applicable in the context and in the jurisdiction of Fiji, other principles or doctrines you may wish to discuss in your paper in relation to the issue of your choice may include the Rule of Law, the principle of democracy, constitutional governmental accountability, checks and balances, popular sovereignty and so on. Many of these principles and doctrines are to some extent overlapping).

For Part III, you would then discuss the issue in the context of another/ a different jurisdiction. (You are allowed to choose this example should you come across it in your research).

This assessment activity is designed to encourage students to reflect upon the concepts of constitutional law covered in the course with regard to Fiji constitution, and comparatively with other constitutions from around the region, taking into consideration different perspectives.