HANOI LAW UNIVERSITY

FACULTY OF CONSTITUTION AND ADMINISTRATIVE LAW

APPROVAL OF PRINCIPAL

(FOR HLU INTERNAL USE ONLY)

HÀ NỘI - 2024
 FACULTY OF CONSTITUTION AND ADMINISTRATIVE LAW
DEPARTMENT OF CONSTITUTION LAW
Program: Bachelor of High quality Laws (fulltime)
Course title: Comparative Constitutional Laws
Credit points: 2
Type of the course: Selective
1. INFORMATION OF LECTURERS
- Tô Văn Hoà (Assoc. Prof., PhD.), tovanhoa@hlu.edu.vn
- Phan Thị Lan Hương (PhD.), phanhuongdhl@gmail.com
- Nguyễn Toàn Thắng (PhD.)
- Bùi Hải Thiêm (PhD.)
- Nguyễn Thị Kim Chung
- Mai Thị Mai
- Đậu Công Hiệp
- Nguyễn Thu Trang
Office: Room 502, Building A, Hanoi Law University
No. 87, Nguyễn Chí Thanh Str., Hanoi.
Telephone: 04 38352357
Open hours: 8h00 - 16h00 week-days.
2. PREREQUISITES
- Constitutional law (Vietnamese)
- Advanced legal English.
3. SUMMARY OF THE COURSE
Comparative consitutional law course provide students with fundamental
knowledge on some major constitutional systems in the world, such as the
U.S., France, Japan and Australia. Each system is looked into from three
perspective:
- the history;

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 - the state apparatus; and
- some constitutional principles.

4. CONTENT OF THE COURSE

Issue 1. The constitutional system of the United States of America
1.1. The history of the U.S. constitution
1.2. The separation of powers in the U.S.
Issue 2. The constitutional system of Australia
2.1. The history of the Australian constitution
2.2. The separation of powers in Australia
Issue 3. The constitutional system of France
3.1. The history of the French constitution
3.2. The separation of powers in France
Issue 4. The constitutional system of Japan
4.1. The history of the Japanese constitution
4.2. The separation of powers in Japan.
Issue 5. The constitutional systems in comparison
5.1. Comparing constitutions in perspective
5.2. Constitutional histories
5.3. Comparing the separation of powers in practice
5. LEARNING OBJECTIVES
5.1. The Course Learning Outcomes (CLOs)
* Knowledges:
K1: The student will have fundamental knowledge on some major
constititonal systems in the world. The student will be able to tell and
explain the differences in those major constititional systems.
* Skills:
S2: During the course, students will be expected to learn and practice
teamwork skills.
* Self-control ability and self-responsibility:

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T3: After this course, the student will be more aware of some ethical rules
of the legal professions, particularly the rule of critical thinking.
5.2. The matrix demonstrating the compatibility of the CLOs with the
TPLOs
The Knowledge LOs
Learning The Skill LOs of the training The ability LOs of the
of the training
program training program
outcomes program
K1 K4 K16 S17 S18 S26 S27 T32 T33 T34
K1 X X X
S2 X X X X
T3 X X X
6. LEARNING OBJECTIVES
6.1. Detailed learning objectives
Obj.
Level 1 Level 2 Level 3
Iss.
Issue 1. 1A1. Understand 1B1. Explain the 1C1. Explain
The Milestones in the U.S. contexts and judicial
constitut constitutional history. theories that lay review in the
ional 1A2. Understand how the ground for the U.S.
system of Congress works in the U.S. constitution of the constitutional
the 1A3. Understand how the U.S. system.
United Executive is formulated 1B2. Explain how
States of and its powers. the check and
America 1A4. Understand how the balance works in
federal courts work in the the U.S.
U.S. constitutional
system.
Issue 2. 2A1. Understand 2B1. Explain the
The Milestones in the Austalian contexts and
constitut constitutional history. theories that lay
ional 2A2. Understand how the ground of the
system of Parliament works in Australian
Australi Australia. constitution.
a 2A3. Understand how the 2B2. Explain how
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 Government is formulated the Westminster
and its powers. system work in the
2A4. Understand how the Australian
federal courts work in constitutional
Australia. system.

Issue 3. 3A1. Understand 3B1. Explain the

The Milestones in the French contexts and
constitut constitutional history. theories that lay
ional 3A2. Understand how the ground for the
system of Parliament works in constitution of
France France. France.
3A3. Understand how the 3B2. Explain how
Government is formulated the French
and its powers. constitutional
3A4. Understand how the system works.
federal courts is structured
in France
Issue 4. 4A1. Understand 4B1. Explain the
The Milestones in the Japanese contexts and
constitut constitutional history. theories that lay
ional 4A2. Understand how the ground for the
system of Congress works in Japan. constitution of
Japan 4A3. Understand how the Japan.
Government is formulated 4B2. Explain how
and its powers. the mornachy
4A4. Understand how the system works in
courts work in Japan. Japan.
Issue 5. 5A1. Understand the basic 5C1.
The principles of comparative Compare and
constitut constitutional law. explain the
ional differences in
systems the
in constitutional
comparis systems in
on the four
countries.

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6.2. Total learning objectives

Obj.
Level 1 Level 2 Level 3
Iss. Total

Issue No. 1 4 2 1 7

Issue No. 2 4 2 6

Issue No. 3 4 2 6

Issue No. 4 4 2 6

Issue No. 5 1 0 1 2

Tổng 17 8 2 27

7. THE MATRIX DEMONSTRATING THE COMPATIBILITY OF

THE DETAILED LEARNING OBJECTIVES WITH CLOs
Kiến thức Kỹ năng Năng lực
Objective
K1 S2 T3
1A1. X
1A2. X
1A3 X X
1A4 X X
1B1 X X
1B2 X X
1C1 X X X
2A1 X X
2A2 X X
2A3 X X
2A4 X X
2B1 X X X
2B2 X X
2C1 X X
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 Kiến thức Kỹ năng Năng lực
Objective
K1 S2 T3
3A1 X X
3A2 X X
3A3 X X
3A4 X X
3B1 X X X
3B2 X X
3C1 X X
4A1 X X
4A2 X X
4A3 X X
4A4 X X
4B1 X X X
4B2 X X
4C1 X X
5C1 X X X
8. MATERIALS
Compulsory materials
1. Vicki C. Jackson, Mark Tushnet, Comparative constitutional law,
New York : Foundation Press ; 2006.
2. A.W. Heringa, Ph. Kiiver, Constitutions compared : an introduction to
comparative constitutional law, Intersentia, 2009.
3. William W. Crane and Bernard Moses Politics : an introduction to the
study of comparative constitutional law, Whitefish, Mont. : Kessinger,
2009
9. TEACHING – LEARNING FORMS
9.1. General schedule

Forms of teaching and learning

Week Issue
Team Self
Lecture Seminar Learning assessment
work study
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 1 1 4 0 3 Participation in seminar
2 2 2 4 2 3 Participation in seminar
3 3 2 4 2 3 Participation in seminar
Team assignment
4 4 2 4 4 3
Participation in seminar
5 5 2 4 2 3 Participation in seminar
Total hours 12 16 10 15
Credit hours 12 8 5 5
9.2. Detailed schedule
Week 1: Issue 1
Teaching –
Credit Requirements for
Learning Main contents
hours students’ preparation
form
Lecture 4 1.1. The history of the U.S. - Selected pages from
constitution course books.
1.2. The separation of powers in
the U.S.
1.3. Some main constitutional
principles
Self 3 - Reading assigned materials.
study
Tutoring - Content: Answering student’s questions off the class,
introducing new reference materials etc
- Time: 8.30 to 11.00 every Tuesday
- Venue: Room 502, A Building or via email.
Week 2: Issue 2
Teaching – Requirements for
Credit
Learning Main contents students’
hours
form preparation
Lecture 2 2.1. The history of the Australian - Selected pages
constitution from course
2.2. The separation of powers in books.
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 Australia
2.3. Some main constitutional
principles
Seminar 2 - Discussion.
Team 2 - Reading assigned materials.
work
Self 3 - Assigned U.S. and Vietnamese cases.
study
Tutoring - Content: Answering student’s questions off the class,
introducing new reference materials etc
- Time: 8.30 to 11.00 every Tuesday
- Venue: Room 502, A Building or via email.

Week 3: Issue 3
Teaching – Requirements for
Credit
Learning Main contents students’
hours
form preparation
Lecture 2 3.1. The history of the French - Selected pages
constitution from course books.
3.2. The separation of powers in
France
3.3. Some main constitutional
principles
Seminar 2 - Discussion.
Self 3 - Selected pages from course books.
study
Tutoring - Content: Answering student’s questions off the class,
introducing new reference materials etc
- Time: 8.30 to 11.00 every Tuesday
- Venue: Room 502, A Building or via email.

Week 4: Issue 4
Teaching – Credit Main contents Requirements for
Learning hours students’
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 form preparation
Lecture 2 4.1. The history of the Japanese - Selected pages
constitution from course books.
4.2. The separation of powers in
Japan.
4.3. Some main constitutional
principles
Seminar 2 - Discussion.
Self 3 - Selected pages from course books.
study
Tutoring - Content: Answering student’s questions off the class,
introducing new reference materials etc
- Time: 8.30 to 11.00 every Tuesday
- Venue: Room 502, A Building or via email.

Week 5: Issue 5
Teaching – Requirements for
Credit
Learning Main contents students’
hours
form preparation
Lecture 2 5.1. Comparing constitutions in - Selected pages
perspective from course books.
5.2. Constitutional histories
5.3. The separation of powers
5.4. Some main constitutional
principles
Seminar 2 - Discussion.
Team 2 - Discussion on team assignment.
work
Self 3 - Selected pages from course books.
study
Tutoring - Content: Answering student’s questions off the class,
introducing new reference materials etc
- Time: 8.30 to 11.00 every Tuesday
- Venue: Room 502, A Building or via email.
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10. POLICIES OF THE COURSE
- In accordance with the applicable regulations of the Hanoi Law
University.
11. ASSESSMENT METHODS
11.1. Frequent assessment
- Attendance: Students participate in 75% or more of the prescribed hours
for each theory or seminar part.
- Participation in seminars and team assignment.
11.2. Periodical assessment

Forms Ratio

Assessing knowledge and attitudes to participate in seminar 10%

Team assignment 30%
Final exam 60%

11.3. Criteria for assessment

 Assessing knowledge and attitudes to participate in seminar
- Assessing knowledge: Self-study and understand the lesson (1-7 mark)
- Attitudes to participate in seminar: Not active / Active positive (1-3 mark)
- Total: 10 mark
 Team assignment:
- Each seminar class is broken up in 4 groups. Students will be working in
group for most of the weeks. Each group will be assigned a topic to
prepare and present in group in front of the whole class. Team
assignment will be deliver in a form of an oral presentation (20 minutes)
suported by PPT slides at the semianr classes of Week 5. Audience
teams are supposed to listen attentivelly to presentations and ask
questions. Presenting team must assign team members to take those
questions after the oral presentation.
 Final exam
- Condition to participate in the final exam:

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 + Students participate in 75% or more of the prescribed hours for each
theory or seminar part.
+ Team assignment or individual exam must be greater than 0.
- The final exam is also taken in the from of a writen exam, which the
student have to complete in 2 hours.
- Criteria to assess the final exam:
+ Showing good understanding of the knowlege learned during the
course;
+ Understandable argumentation;
+ Clearness in the language used.
LEADER OF SUBJECT

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TABLE OF CONTENTS
Trang

1. INFORMATION OF LECTURERS.........................................2

3. SUMMARY OF THE COURSE...............................................2

4. CONTENT OF THE COURSE................................................3

5. LEARNING OBJECTIVES.....................................................3

6.2. ACCUMULATION OF OBJECTIVES..................................3

7. LEARNING OBJECTIVE – LEARNING OUTCOME CROSS

MATRIX......................................................................................3

8. READING MATERIALS.........................................................5

9. FORMS OF CLASES...............................................................6

10. COURSE POLICY..............................................................12

11. LEARNING ASSESSMENT................................................12

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