Federal Constitutional Law - LAWS2150
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Kensington Campus
Career: Undergraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 4
Enrolment Requirements:
Pre-requisite: LAWS1160 or JURD7160.
Excluded: JURD7250
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
Course Learning Outcomes
- Demonstrate awareness of the broader principles of public law underpinning federal constitutional law;
- Formulate an accurate statement of applicable constitutional law on the ambit and limits of legislative power;
- Apply propositions of constitutional law to hypothetical problems testing the validity of legislative action;
- Engage in critical analysis of the role and methods of the High Court in interpreting the Constitution;
- Navigate and apply complex statutory enactments in the context of ascertaining constitutional validity; and
- Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner.
Topics
The High Court and Constitutional Method
- Constitutional Interpretation
- Characterisation of Laws
Inconsistency of Commonwealth and State Laws
The Trade and Commerce Power
The External Affairs Power
The Races Power
The Corporations Power
The Defence Power
The Taxation Power
- Defining taxation
- Constitutional Constraints on Money Bills
- Fiscal Federalism – Tax and Spending
Express Freedoms
- Freedom of Interstate Trade and Commerce
- Trial by Jury
- Freedom of Religion
Implied Freedoms
- Freedom of Political Communication
- Judicial Power and Liberty
The Federal Compact: the Melbourne Corporation Principle
Assessment
- Take-home problem essay - 40%
- Final examination - 50%
- Class participation - 10%
Texts