LLAW2212 The Constitution and the Australian Federation [International / Comparative I]

2017

4.5

1 x 50-minute lecture weekly
1 x 110-minute seminar fortnightly

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 1 of LLAW1213, LLAW1103
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2)

1 of LLAW2104, LLAW3312 has been successfully completed

The structure and functions of Australia's major governmental institutions; appropriate modes of communication in legal scholarship; proper legal citation method; basic legal research skills in primary and secondary materials

This topic provides students with a working knowledge of those aspects of Australian constitutional law that flow from Australia's status as a federation, and those that govern relationships between the Commonwealth and the States. Areas to be covered include the separation of judicial power; the distribution of legislative power between the Commonwealth and the States; inter-governmental immunities; inconsistency of laws; fiscal federalism; and the procedure for altering the Commonwealth Constitution. Students in the topic will also consider the potential role and limitations of the Constitution in supporting and enhancing Australia's position in the international community. Comparative perspectives will be used to broaden students' understanding of Australian law and practice.

This topic aims to:

• introduce students to those aspects of the Constitution that flow from Australia's status as a federation, and that govern relationships between the Commonwealth and the States, including the separation of judicial power; the distribution of legislative power between the Commonwealth and the States; inter-governmental immunities; inconsistency of laws; fiscal federalism; and the procedure for altering the Commonwealth Constitution
• provide a framework within which students can:
  • gain a working knowledge of the principles that flow from Australia's status as a federation, and that govern relationships between the Commonwealth and the States
  • develop an informed opinion about the actual and potential role of law in maintaining and shaping the Australian federation
  • develop an informed opinion about the actual and potential role of law in governing relationships between the Commonwealth and the States
  • develop an informed opinion about the impact of the procedure for altering the Commonwealth Constitution
  • gain an understanding of the impact of constitutional law and jurisprudence on Australia's position in the international community
• encourage students to reflect critically on Australian law and practice in maintaining and shaping federation and in governing relations between the Commonwealth and the States, in light of practice in other jurisdictions

Upon successful completion of this topic students will be able to demonstrate skills and knowledge in:

1. Identifying the aspects of constitutional law that need to be applied to hypothetical fact situations raising issues relating to Australia's status as a federation, and relationships between the Commonwealth and the States
2. Applying the relevant principles of constitutional law to resolve issues relating to:
   • the separation of judicial power
   • the distribution of legislative power between the Commonwealth and the States
   • intergovernmental immunities
   • inconsistency of Commonwealth and State laws
3. Critically evaluating the current and potential role of Australian constitutional law in developing and shaping fiscal relationships between the Commonwealth and the States
4. Critically evaluating the impact of the procedure for altering the Commonwealth Constitution
5. Analysing the impact of constitutional law and jurisprudence on Australia's position in the international community
6. Communicating effectively and appropriately
7. applying the appropriate legal conventions in their writing, including proper citation method.