LAW4112

Current problems in constitutional law 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Professor HP Lee

Offered:
Not offered in 2005.

Synopsis: Selected contemporary problems in Australian constitutional law. 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.

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.

Assessment: Research assignment (5000 words): 50% + Examination (2 hours): 50%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society; LAW3200/LAW3201 Constitutional Law