| 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:
- explain the structure and purpose of the Commonwealth Constitution;
- appreciate the division of areas of responsibility between the Federal and State Governments;
- explain restrictions in the Commonwealth Constitution on the ability of the Federal and State Governments to pass laws;
- apply general policies underlying Constitutional law in Australia in order to evaluate those laws, in particular for the topics considered in this course;
- research primary and secondary materials (as relevant) while critically reviewing an issue in law relevant to the topics considered in this course;
- explain the legal principles relevant to the topics considered in this course;
- apply such legal principles to given fact situations in order to determine the likely outcome to issues raised;
- 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
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
| Description | Group Assessment |
Weighting (%) | Course learning outcomes |
|---|---|---|---|
| Problem Solving | No | 40 | 1,2,3,4,6,7 |
| Essay | No | 40 | 1,2,3,4,5,6,7,8 |
| Quiz | No | 10 | 7 |
| Online forums | No | 10 | 8 |