SPECIAL NOTE:Compulsory core unit for students in new degrees commencing in 2013 with course codes: 63I, 63J, 63K, 63L, 63M, 63N, 63O and 63P. Students in other Law degrees (who commenced their Law degree prior to 2013) should instead enrol in LAW205 Constitutional Law 1.
Key Semester Dates
Final WW Date*
* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (see Withdrawal dates explained for more information).
Builds upon the introductory principles and basic constitutional law institutional and procedural features of Australian and State constitutions covered in LAW2xx Foundations of Public Law. Provides a detailed exposition and analysis of High Court jurisprudence and associated issues arising from the powers of the Legislative, Executive and Judicial branches of government and the chapter structure under the Commonwealth Constitution. Students are familiarised with the Executive power and the Judicial power, including the relationships between Executive and nationhood powers and Judicial power and due process. Key Commonwealth legislative powers will be selected relating to their importance in constitutional practice in any year taught. Topics are intended to draw upon contemporary, historical and political developments and policy background so as to expound the High Court`s role as the constitutional keystone of the Australian federation. Students are also familiarised with High Court jurisprudence relating to federalism and Commonwealth State relations including inconsistency between Commonwealth and State laws; immunity of Commonwealth and State Governments from the laws of the other; sections 81, 83 and 96 and Commonwealth State financial relations; and Commonwealth State cooperative schemes including referrals of power and request and consent legislation under s 51(37) and (38).
The course will also demonstrate the practical applications of constitutional law as they arise in litigation. The unit has a strong emphasis on the study of leading High Court cases and aims to develop student abilities to analyse these cases. Where feasible, guest lecturers will provide additional special topics in Constitutional Law. Assessment will be based upon students' practical - especially advocacy based - application of the theoretical principles taught in cases.
Internal oral and written examination (55%) group work (25%) written record keeping (20%)
TEACHING PATTERN: 3 lectures and one tutorial per week.
FLEXIBLE & ONLINE STUDY OPTIONS Note: Class attendance may still be required
Units are offered in attending mode unless otherwise indicated (that is attendance is required at the campus identified). A unit identified as offered by distance, that is there is no requirement for attendance, is identified with a nominal enrolment campus. A unit offered to both attending students and by distance from the same campus is identified as having both modes of study.
Campus - H Hobart, L Launceston, W Burnie. Study Centre - V Sydney, R Rozelle, P Beauty Point. Distance units may also have a campus identifier of I Isolated, N Interstate, O Overseas. Units delivered in Transnational Education (TNE) Programs have a campus identifier of A Hangzhou, F Fuzhou, G Shanghai, K KDU Malaysia, Q Kuwait or Y Hong Kong.