Constitutional Law

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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 role of the High Court in shaping Commonwealth legislative powers over States is addressed, as well as the limitations of legislative and executive power of the Commonwealth over states and territories. It provides an historical and cultural context for the application of constitutional law in the rapidly changing contemporary state, territory and Commonwealth governments.

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.

State and territory constitutions and constitutional systems
Federalism
Commonwealth constitution and constitutional systems
Constitutional interpretation
Heads of power
The constitution and the operation of the legislature, executive and judiciary
Legislative power and parliament
Separation of powers
Proportionality
Sovereignty
Rule of law
The High Court and constitutional law
International powers
Human rights and freedoms
Constitutional amendments, and processes for amendment
Recognising Aboriginal and Torres Strait Islander people in the Australian Constitution

Enrolment restrictions

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

Pre-requisite

Learning activities

LAW308