PRINCIPLES OF CONSTITUTIONAL LAW

LAW2CSL

2021

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.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorMadelaine Chiam

Available to Study Abroad/Exchange StudentsYes

Subject year levelYear Level 2 - UG

Available as ElectiveNo

Learning ActivitiesWritten tutorial exercises, tutorial discussions and mid-semester assessment

Capstone subjectNo

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-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/A

Readings

Constitutional Law in Australia

Resource TypeRecommended

Resource RequirementN/A

AuthorHanks, Gordon &Hill

YearN/A

Edition/VolumeLatest Edition

PublisherLEXIS NEXIS BUTTERWORTHS

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Hanks Australian Constitutional Law: Materials and Commentary

Resource TypePrescribed

Resource RequirementN/A

AuthorDan Meagher, Amelia Simpson, James Stellios, Fiona Wheeler.

YearN/A

Edition/VolumeLatest

PublisherLEXIS NEXIS BUTTERWORTHS

ISBN9780409341980

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Gabriel Moens & John Trone

Resource TypeRecommended

Resource RequirementN/A

AuthorThe Constitution of the Commonwealth of Australia (Annotated)

Year2012

Edition/Volume8th edition

PublisherLAWBOOK CO

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Federal Constitutional Law: A Contemporary View

Resource TypeRecommended

Resource RequirementN/A

AuthorJoseph, S. and Castan, M.

Year2010

Edition/Volume3RD

PublisherTHOMSON

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Career Ready

Career-focusedNo

Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

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

Subject options

Select to view your study options…

Start date between: and    Key dates

Bendigo, 2021, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Subject Instance Co-ordinatorMadelaine Chiam

Class requirements

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

SeminarWeek: 32 - 43
One 1.00 h 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/AOtherIndividualNo40 SILO1, 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/ACentral examIndividualNo60 SILO1, SILO2, SILO3, SILO4

Melbourne (Bundoora), 2021, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Subject Instance Co-ordinatorMadelaine Chiam

Class requirements

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

SeminarWeek: 32 - 43
One 1.00 h 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/AOtherIndividualNo40 SILO1, 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/ACentral examIndividualNo60 SILO1, SILO2, SILO3, SILO4