LAWS4001

Constitutional Law

10 Units 4000 Level Course

Available in 2014

Callaghan Campus Semester 1

Previously offered in 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006, 2005, 2004

LLB courses are only available to students enrolled in Bachelor of Laws (LLB) degree programs.

This course primarily deals with the study of the Australian Constitution (Commonwealth of Australia Constitution Act 1900 (Imp)). State and Territory Constitutions receive limited attention.

Objectives 1. Promote and develop critical understanding of Australian federal constitutional law;
2. Facilitate development of critical and analytical skills, legal research skills and hypothetical problem solving skills as well as written and interpersonal communication;
3. Be able to relate the practice of constitutional law to the social and political context in which the law operates.
4. Develop an ability to compare and contrast the key elements of the American and Australian forms of constitutional governance;
Content This course straddles several disciplines, including political theory, legal history and political science. You will learn about how conflicts between federal and state laws are resolved in the Australian federal system, the nature, scope and impact of some important legislative powers of the Commonwealth government and the nature of the express and implied rights contained in the Australian constitution. Students will also be introduced to the concept of judicial power. The course will also teach you about the methods for changing the constitution and the historical legacy of specific initiatives to reform the Constitution and our system of government.

Topics covered in this course include:

1. The Nature of the Australian Constitution;
2. Themes in the Australian Constitution;
3. Principles of Constitutional Interpretation;
4. Australian Federalism;
5. Inconsistency;
6. Characterisation;
7. Legislative Powers of the Commonwealth
8. Judicial Power of the Commonwealth;
9. Freedom of Interstate Trade and Commerce;
10. Express Rights and Freedoms;
11. Implied Freedom of Political Communication;
12. Constitutional Change;
13. Comparative Perspectives on Constitutional Law.
Replacing Course(s) na
Transition na
Industrial Experience 0
Assumed Knowledge LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B, LAWS4011
Modes of Delivery Internal Mode
Teaching Methods Lecture
Seminar
Assessment Items
Examination: Class Open book in class examination
Examination: Formal Open book formal examination in the formal examination period
Other: (please specify) Choice of assignment or mid-semester class test.
Contact Hours Lecture: for 2 hour(s) per Week for Full Term
Seminar: for 2 hour(s) per Week for Full Term
Compulsory Components
Requisite by Enrolment This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs.
Timetables 2014 Course Timetables for LAWS4001