PRINCIPLES OF CONSTITUTIONAL LAW

LAW2CSL

2018

Credit points: 15

Subject outline

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


SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorMadelaine Chiam

Available to Study Abroad StudentsYes

Subject year levelYear Level 2 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1LIM and LAW1PPL AND; Admission into; LBLX Bachelor of Laws (Complementary) LVLGE;LVLGEB Bachelor of Laws LVLUE;LVLUEB Bachelor of Laws LWLAS Bachelor of Laws/Bachelor of Asian Studies LWLAT;LWLATB Bachelor of Laws/Bachelor of Arts LWLBUSB Bachelor of Laws/Bachelor of Business LWLEE Bachelor of Laws/Bachelor of Electronic Engineering LWLINT Bachelor of Laws/Bachelor of International Relations LWLMC Bachelor of Laws/Bachelor of Media and Communication LWLPY;LWLPYB Bachelor of Laws/Bachelor of Psychological Science LWLSC;LWLSCB Bachelor of Laws/Bachelor of Science LZCOML Bachelor of Commerce/Bachelor of Laws LZCRL;LZCRLB Bachelor of Criminology/Bachelor of Laws LWLFI Bachelor of Laws / Bachelor of Finance LWLF Bachelor of Laws/Bachelor of Finance LWLM Bachelor of Laws/Bachelor of Media LWLA LWLAC Bachelor of Laws/Bachelor of Accounting LWLBUS Bachelor of Laws/Bachelor of Business LWLE LWLEC Bachelor of Laws/Bachelor of Economics LWLIR Bachelor of Laws/Bachelor of International Relations LWLFI Laws/Finance LWLAC Laws/Accounting LWLBUS (BU) Laws/Business

Co-requisitesN/A

Incompatible subjects LAW2CNL

Equivalent subjects LAW2CNL

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsHanks Australian Constitutional Law: Materials and CommentaryPrescribed2016, Dan Meagher, Amelia Simpson, James Stellios, Fiona Wheeler.LEXIS NEXIS BUTTERWORTHS
ReadingsFederal Constitutional Law: A Contemporary ViewRecommendedJoseph, S. and Castan, M.3RD ED. 2010 THOMSON
ReadingsGabriel Moens & John Trone (8th ediiton 2012)RecommendedThe Constitution of the Commonwealth of Australia (Annotated)LAWBOOK CO
ReadingsConstitutional Law in AustraliaRecommendedHanks, Gordon &Hill (3rd Edition)LEXIS NEXIS BUTTERWORTHS

Graduate capabilities & intended learning outcomes

01. Develop 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:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

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:
Literacies and Communication Skills (Writing,Cultural Literacy)
Literacies and Communication Skills (Writing,Cultural Literacy)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

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:
Literacies and Communication Skills (Writing,Cultural Literacy)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,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:
Literacies and Communication Skills (Writing,Cultural Literacy)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Personal and Professional Skills (Ethical behaviour)

Subject options

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Start date between: and    Key dates

Bendigo, 2018, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorMadelaine Chiam

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*
Online short answer test (1200 word equivalent)35 02, 01, 03, 04
Final Exam65 03, 04, 01, 02

Melbourne, 2018, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorMadelaine Chiam

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*
Online short answer test (1200 word equivalent)35 02, 01, 03, 04
Final Exam65 03, 04, 01, 02