Availabilities:

LocationDomesticInternational
Gold Coast
Lismore
Online

Unit description

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.

Unit content

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

Learning outcomes

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.

GA1: Intellectual rigour, GA2: Creativity, GA3: Ethical practice, GA4: Knowledge of a discipline, GA5: Lifelong learning, GA6: Communication and social skills, GA7: Cultural competence
On completion of this unit, students should be able to:GA1GA2GA3GA4GA5GA6GA7
1describe the imposition on the Australian colonies of British law, and the gradual growth of political independence and nationhood, being aware of gender and race issuesIntellectual rigourKnowledge of a disciplineCultural competence
2demonstrate in discussion or in a written essay a knowledge of the Constitution of New South Wales and the Commonwealth ConstitutionIntellectual rigourKnowledge of a discipline
3analyse significant constitutional case law and explain its significance to constitutional lawKnowledge of a discipline
4demonstrate 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 lawIntellectual rigourKnowledge of a disciplineCultural competence
5describe 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 powersIntellectual rigourKnowledge of a discipline
6describe in discussion or in a written essay the impact of the Constitution on human rights and civil liberties.Intellectual rigourKnowledge of a discipline

On completion of this unit, students should be able to:

  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
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline
    • GA7: Cultural competence
  2. demonstrate in discussion or in a written essay a knowledge of the Constitution of New South Wales and the Commonwealth Constitution
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline
  3. analyse significant constitutional case law and explain its significance to constitutional law
    • GA4: Knowledge of a discipline
  4. 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
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline
    • GA7: Cultural competence
  5. 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
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline
  6. describe in discussion or in a written essay the impact of the Constitution on human rights and civil liberties.
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline

Prescribed texts

  • Joseph, S & Castan, M, 2019, Federal Constitutional Law. A Contemporary View, 5th edn, Lawbook Company, Sydney. ISBN: 9780455241449.
Prescribed texts may change in future study periods.

Teaching and assessment

Teaching method
Workshop on-site 2 hours (11 weeks)
Lecture online 2 hours (12 weeks)
Assessment
Case study40%
Exam: open book60%

Teaching method
Workshop on-site 2 hours  (11 weeks)
Lecture online 2 hours (12 weeks)
Assessment
Case study40%
Exam: open book60%

Teaching method
Lecture online 2 hours (12 weeks)
Workshop online 2 hours (10 weeks)
Assessment
Case study40%
Exam: open book60%
Notice

Intensive offerings may or may not be scheduled in every session. Please refer to the timetable for further details.

Southern Cross University employs different teaching methods within units to provide students with the flexibility to choose the mode of learning that best suits them. SCU academics strive to use the latest approaches and, as a result, the learning modes and materials may change. The most current information regarding a unit will be provided to enrolled students at the beginning of the study session.

Fee information

Domestic

Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Commencing 2020 Commonwealth Supported only. Student contribution band: 3

Fee paying courses
For POSTGRADUATE or UNDERGRADUATE full fee paying courses please check Domestic Postgraduate Fees OR Domestic Undergraduate Fees

International

Please check the international course and fee list to determine the relevant fees.

+