LLAW2221 The Constitution and the Australian People [Indigenous / Social Justice I]

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

1. Identify 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. Apply the relevant principles of constitutional law to resolve issues relating to express rights and freedoms in the Commonwealth Constitution
3. Apply the relevant principles of constitutional law to resolve issues relating to implied rights and freedoms in Australian constitutions
4. Apply the relevant principles of constitutional law to resolve issues relating to freedom of interstate trade in the Commonwealth constitution
5. Apply the relevant principles of constitutional law to resolve issues relating to non-discrimination against interstate residents under the Commonwealth Constitution
6. Apply the relevant principles of constitutional law to resolve issues relating to the races power in the Commonwealth Constitution
7. Analyse 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
8. Critically evaluate the current and potential role of Australian constitutions in protecting the interests of private individuals, groups and institutions, especially Indigenous people
9. Communicate effectively and appropriately
10. Apply the appropriate legal conventions in their writing, including proper citation method