Available in 2014
| Callaghan Campus | Semester 1 |
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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; |
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| 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. |
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| 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 |
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| Assessment Items |
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| Contact Hours | Lecture: for 2 hour(s) per Week for Full Term Seminar: for 2 hour(s) per Week for Full Term |
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| Timetables | 2014 Course Timetables for LAWS4001 |