LAW7112

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

Leader: Professor HP Lee

Offered:
Clayton First semester 2005 (Day)

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. Topics may include: constitutional litigation; 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: Written research assignment (5000 words): 50% + Final examination (2 hours): 50%

Prerequisites: LAW3200