Federal Constitutional Law - JURD7250

Description

Course Learning Outcomes

1. Demonstrate awareness of the broader principles of public law underpinning federal constitutional law;
2. Formulate an accurate statement of applicable constitutional law on the ambit and limits of legislative power;
3. Apply propositions of constitutional law to hypothetical problems testing the validity of legislative action;
4. Engage in critical analysis of the role and methods of the High Court in interpreting the Constitution;
5. Navigate and apply complex statutory enactments in the context of ascertaining constitutional validity; and
6. Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner.

Topics

• Fundamentals of Australian Constitutional Law
• The High Court and Constitutional Method: Constitutional Interpretation and Characterisation of Laws
• Inconsistency of Commonwealth and State Laws
• The Economic Powers: Trade and Commerce Power, Corporations Power
• The Taxation Power: Defining taxation, Constitutional Constraints on Money Bills and Fiscal federalism (Tax and Spending)
• The External Affairs Power
• The Races Power
• The Defence Power
• Express Freedoms: Trial by Jury, Freedom of Religion and Freedom of Interstate Trade and Commerce
• Implied Freedoms: Freedom of Political Communication and Judicial Power and Liberty
• The Federal Compact: the Melbourne Corporation Principle

Assessment

• Take-home problem essay - 40%
• Final examination - 50%
• Class participation - 10%

Texts