Available in 2024
Course code

LAWS4001

Units

10 units

Level

4000 level

Course handbook

Description

This course primarily deals with the study of the Australian Constitution (Commonwealth of Australia Constitution Act 1900 (Imp)). State constitutions receive limited attention. The aim of the course is to impart an understanding of the fundamentals of Australian constitutional law through the study of key judicial decisions on powers and prohibitions in the Commonwealth Constitution. In a one semester course it is neither possible nor desirable to study all aspects of constitutional law. The course is designed to provide a conceptual framework for solving problems about constitutional law by a detailed, analytical treatment of selected topics. Mastery of these should enable students to master all issues arising in constitutional law whether or not they are specifically dealt with in this course.


Availability2024 Course Timetables

Newcastle City Precinct

  • Semester 1 - 2024

Learning outcomes

On successful completion of the course students will be able to:

1. Demonstrate a coherent and advanced understanding of (i) the function of the High Court as the final arbiter of constitutionality in Australia and (ii) the techniques of judicial review as applied in Australia

2. Demonstrate contextual and advanced knowledge of constitutional law doctrine;

3. Using advanced legal skills, identify legal issues, adduce relevant legal principles and rules and apply these to solve problems (whether hypothetical or real) based on constitutional law.

4. Critically and with integrated understanding assess the adequacy of the Constitutional as Australia's fundamental law and basic instrument of government and the scope for constitutional reform;

5. Using advanced legal research skills provide critical analysis of and reflection on primary and secondary materials

6. Prepare and present clear and coherent constitutional law arguments in writing to a variety of audiences


Content

Topics covered in this course include: 

  1. Fundamental principles of Australian constitutional law: federalism, the separation of powers, responsible government, the distribution of power.
  2. Fundamental techniques of Australian constitutional law: constitutional interpretation, characterisation, reading down, severance, the distinction between purposive and non-purposive powers, incidental powers.
  3. Inconsistency (s 109).
  4. Trade and commerce power (s 51 (i)).
  5. Corporation power (s 51 (xx)).
  6. Defence power (s 51(vi)) and the doctrine in the Communist Party Case
  7. External affairs power (s 51 (xxix))
  8. Commonwealth financial powers: taxation and grants (ss 51 (ii),55,96) and excise (s 90).
  9. Appropriations.
  10. Freedom of interstate trade, commerce and intercourse (s 92)
  11. Executive power
  12. Judicial power and the separation of judicial power
  13. Implied freedom of political communication
  14. Intergovernmental immunities
  15. The Constitution and First Australians.

This course will focus on assisting students to develop the following skills;

Writing for a legal audience

Advocacy

Assessing and using sources.

 


Requisite

This course is only available to students enrolled in the programs:

[12340] Bachelor of Arts/Bachelor of Laws (Honours)

[12341] Bachelor of Social Science/Bachelor of Laws (Honours)

[12342] Bachelor of Communication/Bachelor of Laws (Honours)

[12343] Bachelor of Aboriginal Professional Practice/Bachelor of Laws(Honours)

[12346] Bachelor of Science/Bachelor of Laws (Honours)

[12347] Bachelor of Laws (Honours)/Diploma of Legal Practice

[12348] Bachelor of Laws (Honours)

[40036] Bachelor of Business/Bachelor of Laws (Honours)

[40037] Bachelor of Commerce/Bachelor of Laws (Honours)

[40129] Bachelor of Innovation and Entrepreneurship/Bachelor of Laws (Honours)

[40130] Bachelor of Development Studies/Bachelor of Laws (Honours)

[40150] Bachelor of Arts/Bachelor of Laws (Honours)

[40188] Bachelor of Global Indigenous Studies/Bachelor of Laws (Honours)

[40189] Bachelor of Science/Bachelor of Laws (Honours)

[40272] Bachelor of Criminology/Bachelor of Laws (Honours)

[40279] Bachelor of Coastal and Marine Science/Bachelor of Laws (Honours)

[40280] Bachelor of Biomedicine/Bachelor of Laws (Honours)

[40290] Bachelor of Psychological Science/Bachelor of Laws (Honours)

[50005] Bachelor of Media and Communication/Bachelor of Laws (Honours)


Assumed knowledge

LAWS1010, LAWS1011, LAWS1020, and LAWS1021.


Assessment items

Written Assignment: Case Analysis

Written Assignment: Written Moot Submission

3 hr Formal Examination: Open Book Formal Examination


Contact hours

Semester 1 - 2024 - Newcastle City Precinct

Seminar-1
  • Face to Face On Campus 2 hour(s) per week(s) for 13 week(s) starting in week 1
  • Compulsory Requirement: Students must attend 80% of sessions.

Course outline