LAWS 7046 Constitutional Law

Credit Points 10

Legacy Code 201058

Coordinator Robert Mezyk Opens in new window

Description Constitutional Law introduces the legal rules and doctrines governing Commonwealth Constitutional systems in Australia. Topics covered include: Commonwealth Constitutions; legislative powers of the Commonwealth and State governments; Executive; the separation of powers doctrine; the legal relations between State and Commonwealth laws; Constitutional freedoms and restrictions on Commonwealth legislative powers; First Nations peoples and Constitutional change.

School Law

Discipline Constitutional Law

Student Contribution Band HECS Band 4 10cp

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Level Postgraduate Coursework Level 7 subject

Pre-requisite(s) LAWS 7057 Government and Public Law

Incompatible Subjects LAWS 4015 Constitutional Law

Restrictions

Students must be enrolled in a postgraduate program.

Learning Outcomes

On successful completion of this subject, students should be able to:

Explain the rules, doctrines and conventions that govern the Commonwealth constitutional system in Australia
Construct solutions to complex legal problems that demonstrate deep comprehension of Constitutional Law
Assess techniques of constitutional interpretation and reasoning
Present persuasive and appropriately substantiated constitutional arguments with a particular focus on First Nations peoples and Constitutional change
Assess legal information from a range of primary and secondary sources to support legal arguments, constitutional interpretation and reasoning

Subject Content

Introduction to Australian Constitutional Law
Constitutional Amendment
Separation of Judicial Power
The Executive
Constitutional Interpretation
Characterisation
The Scope of Commonwealth Legislative Power, including external affairs and corporations power
Inconsistency between Commonwealth and State Laws
Intergovernmental Immunities
Freedom of Political Communication
Express rights
First Nations peoples and Constitutional change

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.

Type	Length	Percent	Threshold	Individual/Group Task	Mandatory
Professional Task	2,500 words	40	N	Individual	Y
Final Exam	2 hours	50	N	Individual	Y
Participation	Participation in seminars weekly either online or face-to-face, according to explicit criteria	10	N	Individual	Y