CONSTITUTIONAL LAW
LAW5CSL
2017
Credit points: 15
Subject outline
Constitutional Law is a compulsory subject in the Juris Doctor program offered by the La Trobe Law School. This subject introduces students to a number of important topics pertaining to federal and state constitutional law in Australia. This includes an examination of the basic concepts and doctrines relating to Australia's federal structure as well as the sources and limits of Commonwealth and state legislative power. A number of specific Commonwealth heads of power will be examined and relevant scope and characterisation issues explored. Students will subsequently consider how various restrictions on these heads of power, such as Chapter III judicial power and express and implied constitutional freedoms, operate in a situational context. Students will also canvass concepts relating to federal/state relations, including the rules governing inconsistency of laws. This subject seeks to develop students' constitutional problem-solving skills as well as aiming to impart a theoretical appreciation of the significance of Australian constitutionalism.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: Daniel Meagher
Available to Study Abroad Students: Yes
Subject year level: Year Level 5 - Masters
Exchange Students: Yes
Subject particulars
Subject rules
Prerequisites: LAW5PMI. LAW5CSL can be taken as a co-requisite with LAW5PMI.
Co-requisites: LAW5PMI
Incompatible subjects: LAW2CSL, LAW2CNL
Equivalent subjects: N/A
Special conditions: Must be admitted to Juris Doctor degree or have permission from Law Director of Programs
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Hanks' Australian Constitutional Law | Recommended | Jennifer Clarke, Patrick Keyzer and James Stellios (9th ed, 2013) | Lexis Nexis |
| Readings | Federal Constitutional Law | Recommended | Sarah Joseph and Melissa Castan (4th ed, 2014) | Thompson Reuters |
| Readings | Hanks Australian Constitutional Law: Materials and Commentary | Prescribed | 2016, Dan Meagher, Amelia Simpson, James Stellios, Fiona Wheeler | 10th ed, 2016, Lexis Nexis Butterworths |
Graduate capabilities & intended learning outcomes
01. Research problems in Australian constitutional law.
- Activities:
- Summary of argument
02. Prepare a professional Outline of Argument in the area of Australian constitutional law.
- Activities:
- Summary of argument
03. Demonstrate knowledge of the fundamental principles and doctrines which underpin Australian constitutional law.
- Activities:
- Online quiz and end of semester exam
04. Solve constitutional problems using constitutional and interpretative problem-solving skills.
- Activities:
- Summary of argument and end of semester exam
05. Appraise the jurisprudence of the High Court of Australian in the area of constitutional law.
- Activities:
- Summary of argument and end of semester exam
06. Give an account of how the fundamental principles and doctrines of Australian constitutional law relate to the history, ideas, politics, and institutions of Australian constitutionalism.
- Activities:
- End of semester exam
City Campus, 2017, Semester 1, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Madelaine Chiam
Class requirements
Lecture/SeminarWeek: 10 - 22
One 2.0 hours lecture/seminar per week on weekdays at night from week 10 to week 22 and delivered via blended.
WorkShopWeek: 10 - 22
Two 4.0 hours workshop per study period on weekends during the day from week 10 to week 22 and delivered via blended.
LectureWeek: 10 - 22
One 4.0 hours lecture per study period on weekdays at night from week 10 to week 22 and delivered via blended.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Online quiz (Word equivalent 500 words) | 10 | 01, 02, 03, 04, 05, 06 | |
| Online/Summary of Argument (2000 words) | 30 | 01, 02, 03, 04, 05 | |
| End of Semester Examination (three hour examination, word equivalent 3000 words) | 60 | 01, 02, 03, 04, 05, 06 |
City Campus, 2017, Semester 2, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Daniel Meagher
Class requirements
Lecture/SeminarWeek: 31 - 43
One 2.0 hours lecture/seminar per week on weekdays at night from week 31 to week 43 and delivered via blended.
WorkShopWeek: 31 - 43
Two 4.0 hours workshop per study period on weekends during the day from week 31 to week 43 and delivered via blended.
LectureWeek: 31 - 43
One 4.0 hours lecture per study period on weekdays at night from week 31 to week 43 and delivered via blended.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Online quiz (Word equivalent 500 words) | 10 | 01, 02, 03, 04, 05, 06 | |
| Online/Summary of Argument (2000 words) | 30 | 01, 02, 03, 04, 05 | |
| End of Semester Examination (three hour examination, word equivalent 3000 words) | 60 | 01, 02, 03, 04, 05, 06 |