units

LAW2111

Faculty of Law

18 September 2017 28 April 2024
Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2015 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Clayton Second semester 2015 (Day)

Synopsis

The unit examines the Victorian and Commonwealth Constitutions; advanced principles regarding separation of judicial powers at State and Commonwealth levels; Australian federalism and inter-governmental relations, including the distribution of legislative and fiscal powers between the Commonwealth and the States, inconsistency of laws, and intergovernmental immunities; some principal Commonwealth legislative powers; limitations on governmental power, including selected express and implied constitutional rights and freedoms, and critical analysis of techniques and principles of constitutional interpretation.

Outcomes

At the successful completion of this Unit students will be able to:

  1. engage in critical analysis of the current state of Commonwealth and Victorian constitutional law and practice, and discuss reform issues
  2. analyse and critically evaluate judgments of the High Court of Australia and other Australian courts in constitutional cases, with particular attention to the interpretive techniques used and the principles or policies underlying the judgments and doctrines
  3. assess the constitutional validity of Commonwealth and Victorian legislation and executive actions and make reasoned choices among alternative interpretations and arguments
  4. research, synthesise, evaluate and apply constitutional law interpretive principles to generate appropriate responses to legal issues
  5. communicate and collaborate effectively and persuasively
  6. work with autonomy, independence and professionalism.

Assessment

(1) Tutorial participation 10%
(2) 1500 word research assignment 30%
(3) Final Exam (2 hours writing time plus 30 minutes reading and noting time) 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Semester 1: Associate Professor Julie Debeljak
Semester 2: Dr Nadirsyah Hosen

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:

Single degree LLB Hons students:
LAW1111 Foundations of Law
LAW1114 Criminal Law 1
LAW2101 Contract A
LAW1113 Torts

Double degree LLB Hons students:
LAW1111 Foundations of Law
LAW1114 Criminal Law 1
LAW1112 Public Law and Statutory Interpretation
LAW2112 Property A
LAW2101 Contract A
LAW1113 Torts

For students who commenced their LLB course prior to 2015:
LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later:

LAW2102 Contract B
LAW2112 Property A
LAW1112 Public Law and Statutory Interpretation

Double degree LLB Hons students:
LAW2102 Contract B

Prohibitions

For students who commenced their LLB course prior to 2015: LAW3200