Abstract

This subject addresses state, territory and Commonwealth constitutional law in Australia. It provides students with an understanding of the relationships between the differing levels of government in Australia, and addresses a range of constitutional law issues, including sovereignty, separation of powers, rule of law, and human rights. In addition, the … For more content click the Read More button below.

Syllabus

State and territory constitutions and constitutional systemsFederalismCommonwealth constitution and constitutional systemsConstitutional interpretationHeads of powerThe constitution and the operation of the legislature, executive and judiciaryLegislative power and parliamentSeparation of powersProportionalitySovereigntyRule of lawThe High Court and constitutional lawInternational powersHuman rights and freedomsConstitutional amendments, and processes for amendmentRecognising Aboriginal and Torres Strait Islander … For more content click the Read More button below.

Learning outcomes

Upon successful completion of this subject, students should:
1.
be able to demonstrate an in-depth understanding of the points of difference between the various state, territory and Commonwealth constitutions and constitutional systems;
2.
be able to demonstrate an in-depth understanding of the processes and challenges involved in federation;
3.
be able to demonstrate an informed understanding of the origins and formation of the Commonwealth constitution;
4.
be able to demonstrate an understanding of specific 'heads of power' such as trade, commerce, taxation, corporations and external affairs powers;
5.
be able to demonstrate an understanding of the relationship between different institutions of government and separation of powers;
6.
be able to demonstrate an understanding of the constitution and operation of the legislature, executive and judiciary;
7.
be able to demonstrate a broad understanding of constitutional law, including the role of the High Court in formulating constitutional law reform;
8.
be able to plan and apply legal research skills in the interpretation of constitutional law in order to resolve hypothetical legal problems;
9.
be able to demonstrate an understanding of the procedures and processes of the High Court's ability under the Commonwealth Constitution to declare valid or invalid state, territory and Commonwealth government legislation, and its potential impact on Australian society;
10.
be able to critically reflect on the diversity amongst Indigenous Australians with reference to constitutional law reform; and
11.
be able to demonstrate an informed understanding of the origins and formations of the Commonwealth constitution including the exclusion of specific groups such as Indigenous Australians and women.

Enrolment restrictions

Bachelor of Laws and the Bachelor of Laws/Criminal Justice students only.

Learning activities

LAW308