LAW4112

Current problems in constitutional law 406

Professor H P Lee

6 points - Three 1-hour seminars per week - Clayton - Prerequisite: LAW3200

Objectives On completion of this subject students should (1) have extended their basic understanding of Australian constitutional principles; (2) have acquired an appreciation of contemporary issues relating to the constitutional system; (3) be able to evaluate critically the role and functioning of the High Court in contemporary Australian society; and (4) have developed a greater appreciation of the complex task of constitutional interpretation, with particular emphasis on fundamental doctrines.

Synopsis This subject consists of an examination of selected contemporary problems in Australian constitutional law. The content of the course varies in response to new developments in constitutional law and recent or proposed governmental measures which raise constitutional issues. Comparable developments in other countries may be considered. Examples of topics which may be selected for consideration include features of constitutional litigation; the approaches of the High Court to judicial review of executive and legislative acts and constitutional interpretation; implication of constitutional rights and prohibitions; separation of powers; legal consequences of unconstitutionality; proposals for and processes of constitutional change.

Assessment Written research assignment (5000 words): 50% - Final examination (2 hours): 50%

Texts

To be advised

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