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LAW2211 Constitutional Law

Interim Trimester 2, 2023 Ipswich On-campus
Units : 1
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Course Coordinator:

Requisites

Pre-requisite: LAW1111 and LAW1121
Pre-requisite or Co-requisite: LAW1115 or HIS1115

Overview

Constitutional law is one of the fundamental areas of legal knowledge required in order to meet the requirements for admission as a legal practitioner in Australia. It underpins all of the statute law made in Australia.

The constitutions of Australian governments are the basis by which power may be exercised over the citizens of the nation. Understanding the limits of those powers and the way the various government levels interact is the basis of understanding law making in Australia. Students will become familiar with the Commonwealth and State Constitutions, including the division of powers between different levels of government in Australia's federal system, the settlement of disputes between Federal and State Governments over which of them has power to make laws in particular areas, and the role of the High Court in the interpretation of the Constitution. Limits to law making powers will be considered. Students will be asked to consider to what extent interpretation of the Constitution should evolve as the needs of society change, and to critically reflect on the development of Australian constitutionalism since federation.

Course learning outcomes

On successful completion of the course, students should be able to:

  1. explain the structure and purpose of the Commonwealth Constitution;
  2. appreciate the division of areas of responsibility between the Federal and State Governments;
  3. explain restrictions in the Commonwealth Constitution on the ability of the Federal and State Governments to pass laws;
  4. apply general policies underlying Constitutional law in Australia in order to evaluate those laws, in particular for the topics considered in this course;
  5. research primary and secondary materials (as relevant) while critically reviewing an issue in law relevant to the topics considered in this course;
  6. explain the legal principles relevant to the topics considered in this course;
  7. apply such legal principles to given fact situations in order to determine the likely outcome to issues raised;
  8. demonstrate effective, appropriate and persuasive communication skills.

Topics

Description Weighting(%)
1. Introduction to the Commonwealth and State constitutions 15.00
2. Commonwealth鈥檚 economic powers 20.00
3. Commonwealth鈥檚 financial powers 15.00
4. The international dimension 20.00
5. Relationship between the Commonwealth and States 10.00
6. Introduction to constitutional human rights 20.00

Text and materials required to be purchased or accessed

Gray, A 2016, A Criminal Due Process and Chapter III of the Australian Constitution, The Federation Press, Leichhardt NSW.
Williams et al 2018, Blackshield and Williams Australian Constitutional Law and Theory: Commentary and Materials, 7th edn, The Federation Press, Leichhardt NSW.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Problem Solving No 40 1,2,3,4,6,7
Assignments Written Essay No 40 1,2,3,4,5,6,7,8
Assignments Written Quiz No 10 7
Assignments Written Online forums No 10 8
Date printed 9 February 2024