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Principles of Colonial Constitutional Law - LAWS3158
Basser Steps

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 4
 
 
EFTSL: 0.08333 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Currently enrolled in a program in the Faculty of Law.
 
 
Excluded: JURD7358
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course focuses on the constitutional law principles which have influenced and continue to influence aspects of contemporary Australian constitutional law and structure. The object of the course is to demonstrate that the substance of many current principles may be traced to developments in the colonial era. The first three weeks of the course centre on discussion and analysis of prepared materials. The remaining four weeks are allocated to student led seminars on topics selected for research essays.


Recommended Prior Knowledge

None

Course Objectives

The course seeks to demonstrate:
  • How key ideas in Australian contemporary constitutional law evolved from developments in the Australian colonial era and, more generally, from relevant aspects of British colonial history and law
  • The importance of understanding the historical context in which constitutional problems within the Empire arose
  • The value contemporary scholarship can bring to colonial constitutional issues that were left unresolved or have not been adequately analysed

Main Topics

  • Peace, order and good government
  • Plenary within limits
  • Repugnancy, paramountcy and the Colonial Laws Validity Act: was Justice Boothby right?
  • Executive power and non-citizens in colonial Australia

Assessment

Class presentation
Research essay

Course Texts

Prescribed
A book of prepared materials covering the discussion topics.

Recommended
Refer to Course Outline provided by lecturer.

Resources

Refer to Course Outline provided by lecturer.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.