PRINCIPLES OF CONSTITUTIONAL LAW

LAW2CSL

2020

Credit points: 15

Subject outline

The Constitution of Australia is the foundational legal document of the nation. S 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. 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.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Madelaine Chiam

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 2 - UG

Available as Elective: No

Learning Activities: N/A

Capstone subject: No

Subject particulars

Subject rules

Prerequisites: LAW1PPL and admitted into: ;LBLX; LVLGE; LVLGEB; LVLUE; LVLUEB; LWLAS; LWLAT; LWLWA; LWLATB; LWLEE; LWLINT; LWLMC; LWLPY; LWLPYB; LWLSC; LWLSCB; LZCOML; LZCRL; LZCRLB; LWLFI; LWLF; LWLM; LWLAC; LWLBUS; LWLE; LWLA; LWLEC; LWLIR; LWLFI; LWLAC; LZCOML; LWLBUSB; LWLBM; LWLPPE; LWCOML

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

Federal Constitutional Law: A Contemporary View

Resource Type: Book

Resource Requirement: Recommended

Author: Joseph, S. and Castan, M.

Year: 2010

Edition/Volume: 3RD ED

Publisher: THOMSON

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Hanks Australian Constitutional Law: Materials and Commentary

Resource Type: Book

Resource Requirement: Prescribed

Author: latest editon, Dan Meagher, Amelia Simpson, James Stellios, Fiona Wheeler.

Year: N/A

Edition/Volume: N/A

Publisher: LEXIS NEXIS BUTTERWORTHS

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Gabriel Moens & John Trone

Resource Type: Book

Resource Requirement: Recommended

Author: The Constitution of the Commonwealth of Australia (Annotated)

Year: 2012

Edition/Volume: 8th edition

Publisher: LAWBOOK CO

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Constitutional Law in Australia

Resource Type: Book

Resource Requirement: Recommended

Author: Hanks, Gordon &Hill

Year: N/A

Edition/Volume: Latest Edition

Publisher: LEXIS NEXIS BUTTERWORTHS

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

COMMUNICATION - Communicating and Influencing
COMMUNICATION - Cultural Intelligence and Global Perspective
INQUIRY AND ANALYSIS - Creativity and Innovation
INQUIRY AND ANALYSIS - Critical Thinking and Problem Solving
PERSONAL AND PROFESSIONAL - Ethical and Social Responsibility

Intended Learning Outcomes

01. Develop arguments based in case law and legal principles as they apply to constitutional law
02. Describe the historical development of constitutional law, critically analyse the merits and demerits of the current state of the law, and suggest reform
03. Demonstrate an appreciation of the principles of constitutional law and apply them to a factual situation as presented in a tutorial discussion
04. Provide constructive legal advice through the preparation of well-reasoned, legal and factual arguments as they apply to a factual situation

Bendigo, 2020, Semester 2, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Subject Instance Co-ordinator: Madelaine Chiam

Class requirements

LectureWeek: 31 - 43
One 2.00 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via blended.

SeminarWeek: 32 - 43
One 1.00 hour seminar per week on weekdays during the day from week 32 to week 43 and delivered via face-to-face.

Assessments

Assessment elementCommentsCategoryContributionHurdle%ILO*

Online short answer tests (1200 word equivalent)These tests will consist of a combination of true/false and short answer questions designed assess students knowledge and understanding of key principles and cases from the subject. Further information will be provided during semester.

N/AN/AN/ANo40SILO1, SILO2, SILO3

Final Exam (3000 words)The exam will consist of a combination of short answer, essay and problem questions. Further information will be provided during semester.

N/AN/AN/ANo60SILO1, SILO2, SILO3, SILO4

Melbourne (Bundoora), 2020, Semester 2, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Subject Instance Co-ordinator: Madelaine Chiam

Class requirements

LectureWeek: 31 - 43
One 2.00 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via blended.

SeminarWeek: 32 - 43
One 1.00 hour seminar per week on weekdays during the day from week 32 to week 43 and delivered via face-to-face.

Assessments

Assessment elementCommentsCategoryContributionHurdle%ILO*

Online short answer tests (1200 word equivalent)These tests will consist of a combination of true/false and short answer questions designed assess students knowledge and understanding of key principles and cases from the subject. Further information will be provided during semester.

N/AN/AN/ANo40SILO1, SILO2, SILO3

Final Exam (3000 words)The exam will consist of a combination of short answer, essay and problem questions. Further information will be provided during semester.

N/AN/AN/ANo60SILO1, SILO2, SILO3, SILO4