LAW2111 - Constitutional law - 2017

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.

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, including the relevance to statutory interpretation of considerations of constitutional validity, 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.

1. Tutorial participation 10%
2. 1000 word research assignment 20%
3. Final Exam (2 hours writing time plus 30 minutes reading and noting time) 70%

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

Semester 1: Dr Caroline Henckels

Semester 2: Associate Professor Patrick Emerton

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

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