PRINCIPLES OF CONSTITUTIONAL LAW

LAW2CSL

2015

Credit points: 15

Subject outline

The Constitution of Australia is the foundational legal document of the nation. All law in Australia is fundamentally shaped by the Constitution and so all lawyers need to have a working understanding of it. In this subject, students will learn explore the Australian Constitution through learning about its historical development, present character, the nature of constitutional doctrine, and its functioning political and administrative context. Students will learn about federalism, grants and taxation, freedom of interstate trade, the corporations power, the external affairs power and express and implied constitutional rights. 

In this subject, students will examine the Australian Constitution primarily through its interpretation by the High Court of Australia in decided cases. Because the Constitution (like all Constitutions) is fundamentally concerned with how sovereign power is apportioned, exercised and controlled, students will examine Constitutional Law through looking at the balance, exercise, separation and restraint of political power within the Commonwealth of Australia. Within the issues of exercise of Executive and Legislative power, students will examine how individual rights are affected and protected.


SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorBalu Rao

Available to Study Abroad StudentsYes

Subject year levelYear Level 2 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1LIM and LAW1PPL or co-requisite for both subjects students enrolled in LVLGE or LVLGEB or LVLG or LVLGB

Co-requisitesN/A

Incompatible subjects LAW2CNL

Equivalent subjects LAW2CNL

Special conditions Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsAustralian constitutional law and theory: commentary and materialsPrescribedBlackshield, A. and Williams, G.BLACKSHIELD AND WILLIAMS LAW AND THEORY (5TH EDITION 2010), FEDERATION
ReadingsConstitution Act 1975 (Vic)PrescribedN/AANSTAT
ReadingsFederal Constitutional Law: A Contemporary ViewRecommendedJoseph, S. and Castan, M.3RD ED. 2010 THOMSON LAWBOOK CO.CO.
ReadingsGabriel Moens & John Trone (8th Edition 2012)RecommendedThe Constitution of the Commonwealth of Australia (Annotated)LEXIS NEXIS BUTTERWORTHS
ReadingsConstitutional Law in AustraliaRecommendedanks, Gordon &Hill (3rd Edition)LEXIS NEXIS BUTTERWORTHS

Graduate capabilities & intended learning outcomes

01. Develop reasoned, researched arguments based in case law and legal principles as they apply to constitutional law

Activities:
Written tutorial exercises and tutorial discussions
Related graduate capabilities and elements:
Creative Problem-solving (Creative Problem-solving)
Critical Thinking (Critical Thinking)

02. Describe the historical development of constitutional law, critically analyse the merits and demerits of the current state of the law, and suggest reform

Activities:
Written tutorial exercises amd tutorial discussions.
Related graduate capabilities and elements:
Writing (Writing)
Creative Problem-solving (Creative Problem-solving)
Critical Thinking (Critical Thinking)

03. Demonstrate an appreciation of the principles of constitutional law and apply them to a factual situation as presented in a tutorial discussion

Activities:
Tutorial discussions
Related graduate capabilities and elements:
Information Literacy (Information Literacy)
Creative Problem-solving (Creative Problem-solving)
Inquiry/ Research (Inquiry/ Research)

04. Provide constructive legal advice through the preparation of well-reasoned, legal and factual arguments as they apply to a factual situation

Activities:
Written tutorial exercise and tutorial discussions
Related graduate capabilities and elements:
Critical Thinking (Critical Thinking)
Ethical Awareness (Ethical Awareness)

Subject options

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Start date between: and    Key dates

Bendigo, 2015, Semester 2, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorBalu Rao

Class requirements

Lecture Week: 31 - 43
One 2.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via online.

Seminar Week: 31 - 43
One 1.0 hours seminar per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
one 2,500-word essay45 02, 01, 03, 04
one 3-hour final examination55 03, 04, 01, 02

Melbourne, 2015, Semester 2, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorBalu Rao

Class requirements

Lecture Week: 31 - 43
One 2.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Seminar Week: 31 - 43
One 1.0 hours seminar per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
one 2,500-word essay45 02, 01, 03, 04
one 3-hour final examination55 03, 04, 01, 02