Constitutional law 300
Associate Professor J Goldsworthy
0 points * Three 1-hour lectures per week and one 1-hour tutorial per week * Full-year subject * Clayton
This subject is concerned with the constitutions of the Australian States, particularly that of Victoria, and with the Australian Federal Constitution. The main purpose of the subject is to help students to develop a general understanding of the constitutional framework within which Australian governments operate and of how this framework affects what governments can do. The first half of the subject deals mainly with the structures, powers and procedures of the parliaments, but also with the executive and judiciary and the relationships between these three branches of government. The constitutional protection of rights is also discussed. The second half of the subject deals with federalism - the relationship between State and Commonwealth governmental institutions. Matters discussed include the principles of constitutional interpretation developed by the High Court, the federal distribution of legislative powers, the paramountcy of Commonwealth laws, and the gradual expansion of Commonwealth power in areas such as finance, trade and commerce, and external affairs.
Assessment
Class test (50 minutes): 20% * Terminal examination (3.5 hours): 80%
Prescribed texts
Hanks P Australian constitutional law 5th edn, Butterworths, 1994