6 points, SCA Band 3, 0.125 EFTSL
Undergraduate - Unit
Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.
Faculty
Chief examiner(s)
Semester 1:
Associate Professor Luke Beck
Semester 2:
Professor Sarah Joseph
Unit guides
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
Prohibitions
For students who commenced their LLB course prior to 2015: LAW3200
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:
- Describe, discuss and analyse Commonwealth and State constitutional law and practice.
- Evaluate judgements on Australian constitutional cases demonstrating particular attention to the interpretive techniques used and the principles/policies underlying the judgements and doctrines.
- Assess the constitutional validity of Commonwealth and Victorian legislation and executive actions.
- Evaluate and apply constitutional law and interpretative principles of constitutional law to generate appropriate legal responses.
Assessment
- Tutorial attendance: 5%
- Tutorial participation: 10%
- Written Assignment (1,250 words): 25%
- Final Examination (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