LLAW2221 The Constitution and the Australian People [Indigenous / Social Justice 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
3 13.5 Units of first year LLAW topics
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2 and 3)

1 of LLAW2104, LLAW3312 has been successfully completed

The structure and functions of Australia's major constitutional institutions; appropriate modes of communication in legal scholarship; proper legal citation method.

The Constitution and the Australian People [Indigenous / Social Justice I] provides students with a working knowledge of those aspects of Australian constitutional law that govern relationships between government on the one hand and private individuals, groups and institutions on the other. Areas to be covered include express and implied rights and freedoms; freedom of interstate trade; non-discrimination against interstate residents; and the races power. Students in the topic will consider the potential role and limitations of constitutions in protecting and enhancing individual and group interests, especially those of Indigenous people; and learn to understand Australian constitutional law and jurisprudence against the backdrop of our social, economic and political history.

This topic aims to:

• introduce students to those aspects of the Constitution that govern relationships between government on the one hand and private individuals, groups and institutions on the other, including express and implied rights and freedoms; freedom of interstate trade; non-discrimination against interstate residents; and the races power
• provide a framework within which students can gain a working knowledge of the principles applied in governing relationships between government on the one hand and private individuals, groups and institutions on the other
• provide a framework within which students can develop an informed opinion about the actual and potential role of law in governing relationships between government on the one hand and private individuals, groups and institutions on the other
• provide a framework within which students can gain an understanding of the impact of social, economic and political history on the development of Australian constitutional law and jurisprudence
• encourage students to reflect critically on the limitations in coverage of human rights in the Australian Constitution

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 relationships between government on the one hand and private individuals, groups and institutions on the other
2. Applying the relevant principles of constitutional law to resolve issues relating to:
   • express rights and freedoms in the Commonwealth Constitution
   • implied rights and freedoms in Australian constitutions
   • freedom of interstate trade in the Commonwealth constitution
   • non-discrimination against interstate residents under the Commonwealth Constitution
   • the races power in the Commonwealth Constitution
3. Analysing the impact of political and historical developments on Australian constitutional law and jurisprudence governing relationships between government on the one hand and private individuals, groups and institutions on the other
4. Critically evaluating the current and potential role of Australian constitutions in protecting the interests of private individuals, groups and institutions, especially Indigenous people
5. Communicating effectively and appropriately
6. Applying the appropriate legal conventions in their writing, including proper citation method.