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: Admin Law LAWS1160, Public Law LAWS1140; Pre-requisite: Admin Law JURD7160, Public Law JURD7140
 
 
Excluded: JURD7250
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description


This subject aims to introduce students to the fundamentals of federal constitutional law. Students will acquire specific knowledge about particular legislative powers of the Commonwealth and States and the express and implied limitations arising from the Constitution upon those powers. In doing so, students should gain an understanding of both the underlying principles and doctrines which are necessary for the successful operation of the Australian federation and approaches to constitutional interpretation on the High Court of Australia.


Recommended Prior Knowledge


None

Course Objectives


At the completion of this course, students will have developed an understanding of:
  • The nature and elements of the Commonwealth Constitution
  • The role and methods of the High Court in interpreting the Constitution
  • The relationship between the parties to the Australian Federation
  • The scope of specific grants of legislative power to the Commonwealth
  • Those rights and freedoms guaranteed by the Constitution
  • The arguments in favour of and against constitutional reform
As well as:
  • An ability to cogently discuss these concepts in a scholarly and persuasive manner
  • Further development of problem-solving skills

Main Topics


  • Fundamentals of Australian Constitutional Law
  • The High Court and Constitutional Interpretation
  • The High Court and Characterisation
  • Inconsistency of Laws
  • The External Affairs Power
  • The Races Power
  • The Corporations Power
  • The Defence Power
  • The Trade and Commerce Power
  • The Taxation Power – What is a Tax?
  • Fiscal Federalism
  • Freedom of Interstate Trade and Commerce
  • Trial by Jury and Freedom of Religion
  • Freedom of Political Communication
  • Judicial Power & Detention
  • The Federal Compact: the Melbourne Corporation Principle

Assessment


Mid-session take home exercise 40%
Open book exam 60%
 

Course Texts


Prescribed
Tony Blackshield & George Williams, Australian Constitutional Law & Theory: Commentary and Materials (5th ed, Federation Press, 2010)

Recommended
Refer to Course Outline provided by lecturer.

Resources


Refer to Course Outline provided by lecturer.