LAW4112 - Current problems in constitutional law 406

Leader: Semester Two: Professor HP Lee

Offered

Clayton Second semester 2007 (Day)

Synopsis

The course focuses on selected contemporary problems in Australian constitutional law, with a comparative dimension where appropriate. Topics include in-depth analysis of the current status of the implied freedom of political communication and its outer limits; separation of judicial power doctrine as a new springboard for implied rights, with emphasis on the principle in Kable; the 'proportionality' doctrine in constitutional adjudication; the defence power and the 'stream cannot rise above the source' doctrine in the 'war on terror' context; a comparative study of constitutionalised emergency powers; the High Court appointments and removal of justices, its role, methods and techniques.

Objectives

On completion of this unit 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 (4000 words): 50%
Examination (2 hours
30 minutes reading time): 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3200/LAW3201