LAW5007 · Principles of constitutional law

Overview

The unit examines the Victorian and Australian Constitutions, the Statute of Westminster and the Australia Acts; the separation of judicial powers at State and Commonwealth levels; Australian federalism and inter-governmental relations, including the distribution of legislative and fiscal powers between the Commonwealth and the States, inconsistency of laws, and intergovernmental immunities; some principal Commonwealth legislative powers; limitations on governmental power, including selected express and limited constitutional rights and freedoms, and critical analysis of techniques and principles of constitutional interpretation.

Offerings

Assessment

The Handbook lists an examination for this unit.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Analyse and critically evaluate the current state of Commonwealth and Victorian constitutional law and practice, and discuss reform issues;
2. Analyse and critically evaluate judgments of the High Court of Australia and other Australian courts in constitutional cases, including from the perspectives of a. the interpretive techniques used, and b. the principles or policies underlying the relevant constitutional doctrines or provisions;
3. Demonstrate sophisticated cognitive and creative skills to justify and interpret professional opinions relating to the constitutional validity of Commonwealth and Victorian legislation and executive actions, and to make reasoned and appropriate choices among alternatives;
4. Select, analyse and apply constitutional law interpretive principles to generate appropriate jurisprudential and practical responses to complex legal issues;
5. Communicate and collaborate effectively and persuasively; and
6. Work with a high degree of autonomy, independence and professionalism

Workload

Students enrolled in this unit will be provided with 36 contact hours of workshops per teaching period. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Student experience, not official rules. Nothing here changes what the Handbook says.