The Making of the Constitutional Norm & its Impact on International Law

1. The Making of the Constitutional Norm & its Impact on International Law

2. 1. The Making of the Constitutional Norm2. The Foreign Affairs Power (F.A.P.) & its Constitutional Regulation3. The Impact of exercising the F.A.P.

3. Elements of the Foreign Affairs Power

4. Where does this fit in the Curriculum? • a. Under Constitutional Law: When dealing with checks & balances imposed on the exercise of the executive power; • b. Under Public International Law: The constitutional norm in the exercise of international relations;

5. 2. Outcomes The student should be able to understand, correlate, analyze and ultimately “create” constitutional norms (define the field) that regulate the exercise of the foreign affairs power according to logical trends of international constitutionalism; The student should know which international norms play a role in the domestic constitutional system

6. Outcomes contd. • Students should understand the interface between domestic and international law; • Through a process of analysis students should be able to identify the basis of conflicting legal approaches; • Students should be able to select and apply legal approaches to a particular problem

7. Outcomes contd. • Students should be able to evaluate other situations where different approaches have been used • Refer here to Bloom’s Taxonomy: • http://www.flickr.com/photos/wfryer/361710524/

8. 3. Materials Used A. Relevant case studies: * For example: e.g. Kaunda v President of SA B. Comparative Law: World constitutions, to consider the extent to which various constitutions subject the Executive to judicial control C. Interactive Material: There are many video clips on the internet that may help students develop an appreciation of the topic. Video clips or cartoons, usually superficial and humorous, are visually engaging and may become imprinted on the student’s memory, helping her to relate to key points of law through the images.

9. EXAMPLES: the following video clip may be remembered by students when explaining the importance of drafting constitutional norms that apply and in solving a problem question. Refer to: Learning Styles: http://www.ldpride.net/learningstyles.MI.htm#Learning%20Styles%20Explained Place here video ‘berlitz’

10. 4. Teaching Methods • Start with a real-life case / story, e.g., facts of the Kaunda case. • Divide the class into groups according to class size (e.g. teams for/against court’s decision) or ask for volunteers to form teams to prepare arguments in advance of the class. • One team could argue on behalf of the executive, presenting constitutional norms in support of the State, and the other team could represent the applicant, using international law norms to support its case; • The class could be divided into groups to develop a constitutional norm to regulate the exercise of the executive’s foreign affairs power; other groups could be required to develop criteria against which the norms could be evaluated

11. Methodology contd. • Students could self-assess the norms against the criteria; • Students could be tasked with developing an ideal constitutional norm for the case under scrutiny; • De-brief by listing the points raised in favour of an international law norm and a constitutional law norm

12. Methodology contd. • http://edtech.kennesaw.edu/intech/cooperativelearning.htm • Desired outcome: How constitutional norms affect international customary law and how international customary law may contribute to constitutional change. • Self Assessment: Students to suggest criteria

13. 5. Assessing the Work: • Either: a problem scenario may be developed, using facts similar to the Kaunda case. A summary of the two opposing arguments could be given and students would be asked to write a judgment on the facts. This would require students to discuss the existing legal precedents and to apply the law to the facts. It would demand an understanding of the majority and minority judgments, as well as an appreciation of the practical application of the principles to a factual scenario. • Or: an essay topic could be set, requiring students to debate the conceptual clash between law and politics and identifying the limits of law in the international arena.

14. http://www.slideshare.net/csalmon/aligning-assessments-to-outcomeshttp://www.slideshare.net/csalmon/aligning-assessments-to-outcomes