Explores the Australian legal system which is federal in nature, dividing power between the Commonwealth and the States. Constitutional Law impinges on many areas of practice.
Topic 1 Introduction to constitutional law
Topic 2 A historical overview: From colonisation to federation and beyond; the States and their constitutions
Topic 3 The division of powers between the Commonwealth and the States
Topic 4 Intergovernmental immunities
Topic 5 Characterisation and the trade and commerce and corporations heads of power
Topic 6 The external affairs and defence heads of power
Topic 7 The Constitution and the environment
Topic 8 Section 92 and section 90
Topic 9 Express constitutional guarantees
Topic 10 Implied constitutional rights and freedoms
Topic 11 The Constitution and democracy
Topic 12 The doctrine of separation powers
Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.
Learning outcomes and graduate attributes
|On completion of this unit, students should be able to:||GA1||GA2||GA3||GA4||GA5||GA6||GA7|
|1||describe the imposition on the Australian colonies of British law, and the gradual growth of political independence and nationhood, being aware of gender and race issues||Intellectual rigour||Knowledge of a discipline||Cultural competence|
|2||demonstrate in discussion or in a written essay a knowledge of the Constitution of New South Wales and the Commonwealth Constitution;||Intellectual rigour||Knowledge of a discipline|
|3||analyse significant constitutional case law and explain its significance to constitutional law||Knowledge of a discipline|
|4||demonstrate an ability to work collaboratively within a team||Communication and social skills|
|5||demonstrate in discussion or a written essay an understanding of the cultural context and social and political impact of constitutional law, including the environmental, gender and race issues pertaining to constitutional law||Intellectual rigour||Knowledge of a discipline||Cultural competence|
|6||describe and apply as part of a problem-solving exercise the doctrine of the separation of powers, the division of powers between the Commonwealth and the States and the significance of constitutional restrictions on Commonwealth and State powers||Intellectual rigour||Knowledge of a discipline|
|7||describe in discussion or in a written essay the impact of the Constitution on human rights and civil liberties.||Intellectual rigour||Knowledge of a discipline|
- Joseph, S & Castan, M, 2014, Federal Constitutional Law. A contemporary view, 4th edn, Lawbook Co, Sydney. ISBN: 978045522627.
Teaching and assessment
|Lecture online 2 hours (12 weeks)|
|Exam: open book||40%|
Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Commencing 2014 Commonwealth Supported only. Student contribution band: 3
Please check the international course and fee list to determine the relevant fees.