Available in 2024
Course code

LAWS6006

Units

10 units

Level

6000 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 an extended and integrated 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 specialised knowledge of constitutional law doctrine;

3. Using specialised 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 Constitution as Australia's fundamental law and basic instrument of government and the scope for constitutional reform;

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

6. Communicate effectively in writing to specialist and non-specialist audiences and conduct independent legal research in the context of constitutional law.


Content

Topics covered in the 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. Corporations power (s 51 (xx)).
  6. Defence power (s 51 (vi)) and 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
  • Advocacy
  • Assessing and using sources

 


Requisite

Students must be active in either the

Juris Doctor/Grad Dip Legal Practice program [12334];

Juris Doctor [50016];

or the Master of Laws [12333]

to enrol in this course.


Assumed knowledge

Students active in the Juris Doctor/Grad Dip Legal Practice program must have successfully completed the following courses: LAWS6000, LAWS6001, LAWS6120, LAWS6121 (or LAWS6002B), LAWS6130 (or LAWS6003B), LAWS6140 and LAWS6141 (or LAWS6004B) to enrol in this course.


Assessment items

Written Assignment: Case Analysis

Written Assignment: Professional Legal Writing Task

Formal Examination: Open Book 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