LAW7268 - Principles of constitutional law

Leader(s): Greg Taylor/Sarah Joseph

Offered

City (Melbourne) Trimester 2 2009 (Day)
City (Melbourne) Trimester 3 2009 (Day)

Synopsis

This subject will give students an understanding of the fundamental principles and concepts of Australian constitutional law, State and Federal, and of the philosophy underlying them. Students will acquire the capacity to identify and analyse constitutional issues and to apply them in relevant factual contexts which they are likely to encounter in practice. The subject will examine briefly some different constitutional systems in nations with which Australian legal practitioners are likely to have dealings through trade contracts and discuss ways in which such different constitutional systems may affect dealings between citizens of those countries and Australia.

Objectives

On completion of this subject students will have:

1. acquired a thorough understanding of the fundamental principles and concepts of Australian constitutional law, both State and Federal, including an understanding of the importance of the separation of powers and the independence of the judiciary;
2. acquired an understanding of the theoretical and practical operation of the Australian federal system and its effect on daily commercial transactions;
3. acquired an understanding of the developments in the distribution of powers within the Australian system and their likely future directions;
4. acquired some familiarity with other constitutional systems and the relevance of such systems to trade and other commercial dealings with nations under such systems;
5. further developed skills in caselaw analysis.

Assessment

Research essay: 30%
Final examination: 70%

Contact hours

2 hour seminar per week x 12 weeks

Prerequisites

LAW7212

Prohibitions

LAW3201