LLAW3312 Constitutional Law

2020

4.5

1 x 2-hour workshop weekly
1 x 1-hour on-line lecture weekly

1 Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1c Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
1d Admission into BLAWSH-Bachelor of Laws (Honours)
1e Admission into BLAWS-Bachelor of Laws
1f Admission into BLLAW-Bachelor of Laws
1g Admission into BLLAWH-Bachelor of Laws (Honours)
1h Admission into BLLAWFP-Bachelor of Laws - City Campus
1i Admission into BLLAWHFP-Bachelor of Laws (Honours) - City Campus
1j Admission into CLAWBU-Bachelor of Laws/Bachelor of Business - City Campus
1k Admission into CLAWIR-Bachelor of Laws/Bachelor of International Relations and Political Science - City Campus
1l Admission into CLAWIT-Bachelor of Laws/Bachelor of Information Technology - City Campus
1m Admission into CLAWAC-Bachelor of Laws/Bachelor of Accounting - City Campus
1n Admission into CLAWCR-Bachelor of Laws/Bachelor of Criminology - City Campus
1o Admission into CLAWHIR-B Laws (Hons)/B Intl Relations and Political Science
1p Admission into CLAWHIT-B Laws (Hons)/B Information Technology
1q Admission into CLAWHAC-B Laws (Hons)/B Accounting
1r Admission into CLAWHCR-B Laws (Hons)/B Criminology
1s Admission into CLAWHBU-B Laws (Hons)/B Business
2 1 of LLAW1311, LLAW1213
3 1 of LLAW1312, LLAW1211
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e or 1f or 1g or 1h or 1i or 1j or 1k or 1l or 1m or 1n or 1o or 1p or 1q or 1r or 1s) and 2 and 3)

1 of LLAW2212, LLAW2221 has been successfully completed

Assignment(s), Examination(s), Workshop problem summary

This topic provides students with a working knowledge of Australian constitutional law, exploring the impact of the Constitution on Australia's status as a federation, the relationships between the Commonwealth and the States and the impact on private individuals. Areas to be covered include:

• The separation of judicial power

• The legislative power of the Commonwealth, its limitations and its impact on the States

• Commonwealth executive power

• Fiscal Federalism

• Express and implied rights and freedoms

• Commonwealth and State social and economic relations.

This topic aims to:

• Provide students with a working knowledge of the principles that flow from Australia’s status as a federation

• Enable students to develop an informed opinion about the actual and potential role of law in governing relationships between the Commonwealth and the States

• Encourage students to reflect critically on Australian law and practice in the shaping of the Australian federation

• 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.

On completion of this topic, students will be expected to be able to:

1. Identify the aspects of constitutional law that need to be applied to hypothetical fact situations raising issues relating to Australia’s status as a federation, relationships between the Commonwealth and the States and between the Commonwealth and private individuals, groups and institutions

2. Apply the relevant principles of constitutional law to resolve issues relating to: express and implied consititutional powers; express and implied constitutional rights and freedoms; and the distribution of power in the Australian federal structure

3. Communicate effectively and appropriately

4. Apply the appropriate legal conventions in their writing, including the proper legal citation method.