LAWS 4015 Constitutional Law

Credit Points 10

Coordinator Azadeh Dastyari Opens in new window

Description This subject introduces the legal rules and doctrines governing State and Commonwealth Constitutional systems in Australia. Topics covered include: Principles of State and Commonwealth Constitutions; Characterisation of Commonwealth Laws; The scope of Commonwealth legislative power; Relations between the different Commonwealth and States laws; Intergovernmental Immunities; Separation of Powers; Spending government revenue; and Express and Implied rights under the Australian Constitution.

School Law

Student Contribution Band

Check your HECS Band contribution amount via the Fees page.

Level Undergraduate Level 4 subject

Pre-requisite(s) LAWS 2008 Government and Public Laws (200984)

Equivalent Subjects 200009 Constitutional Law

Learning Outcomes

1. Analyse the rules, doctrines and conventions that govern the Commonwealth and State constitutional systems in Australia.
2. Apply principles of Constitutional Law to analysing and solving practical problems.
3. Apply techniques of constitutional interpretation and reasoning.
4. Select and assess legal information from a range of primary and secondary sources to support legal arguments, constitutional interpretation and reasoning.

Subject Content

1. Introduction:
     • Principles of State and Commonwealth Constitutions.
     • The Commonwealth Constitution and constitutional system.           
2. Characterisation of Commonwealth Laws 
3. The scope of Commonwealth legislative power
     • External Affairs
     • Corporations Power
4. Relations between the different Commonwealth and States laws and Intergovernmental Immunities 
     • Inconsistency
     • Commonwealth Legislative power over the states
     • State legislative power over the commonwealth 
5. Separation of Powers 
6. Spending government revenue
     • Grants
     • Expenditure 
7. Express rights
     • Acquisition of property on Just Terms
     • Trial by jury
     • Interstate intercourse 
8. Implied rights 
     • Freedom of political communication.
     • Freedom of movement, association and participation
     • Voting equality and voting rights
9. General themes of Australian Constitutional Law
     • Indigenous people and the Constitution
     • Constitutional Prohibition on Discrimination
     • Proportionality 

Assessment

The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.

Item Length Percent Threshold Individual/Group Task
Essay 2,00 words 35 N Individual
Online Quiz 5 quizzes (Best 4 of 5) each 20 minutes 20 N Individual
Final Exam 3 hours 45 N Individual

Prescribed Texts

Sarah Joseph and Melissa Castan, Federal Constitutional Law: A Contemporary View (Thomson Reuters, 5th ed. 2019)

Teaching Periods

2022 Semester 1

Campbelltown

Evening

Subject Contact Azadeh Dastyari Opens in new window

Attendance Requirements 80% attendance rate is imposed in all core subjects’ due to the nature of class activities that are aligned with subject assessments.

View timetable Opens in new window

Day

Subject Contact Azadeh Dastyari Opens in new window

Attendance Requirements 80% attendance rate is imposed in all core subjects’ due to the nature of class activities that are aligned with subject assessments.

View timetable Opens in new window

Parramatta - Victoria Rd

Evening

Subject Contact Azadeh Dastyari Opens in new window

Attendance Requirements 80% attendance rate is imposed in all core subjects’ due to the nature of class activities that are aligned with subject assessments.

View timetable Opens in new window

Day

Subject Contact Azadeh Dastyari Opens in new window

Attendance Requirements 80% attendance rate is imposed in all core subjects’ due to the nature of class activities that are aligned with subject assessments.

View timetable Opens in new window