law2csl constitutional law
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
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Australian constitutional law and theory: commentary and materials | Prescribed | Blackshield, A. and Williams, G. | BLACKSHIELD AND WILLIAMS LAW AND THEORY (5TH EDITION 2010), FEDERATION |
| Readings | Constitution Act 1975 (Vic) | Prescribed | N/A | ANSTAT |
| Readings | Federal Constitutional Law: A Contemporary View | Recommended | Joseph, S. and Castan, M. | 3RD ED. 2010 THOMSON LAWBOOK CO.CO. |
| Readings | Gabriel Moens & John Trone (8th Edition 2012) | Recommended | The Constitution of the Commonwealth of Australia (Annotated) | LEXIS NEXIS BUTTERWORTHS |
| Readings | Constitutional Law in Australia | Recommended | anks, 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
Select to view your study options…
Bendigo, 2015, Semester 2, Day
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorBalu Rao
Class requirements
LectureWeek: 31 - 43
One 2.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via online.
SeminarWeek: 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 element | Comments | % | ILO* |
|---|---|---|---|
| one 2,500-word essay | 45 | 02, 01, 03, 04 | |
| one 3-hour final examination | 55 | 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
LectureWeek: 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.
SeminarWeek: 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 element | Comments | % | ILO* |
|---|---|---|---|
| one 2,500-word essay | 45 | 02, 01, 03, 04 | |
| one 3-hour final examination | 55 | 03, 04, 01, 02 |