LAW5007 - Principles of constitutional law - 2019

The unit examines the Victorian and Australian Constitutions, the Statute of Westminster and the Australia Acts; the 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 limited 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. analyse and critically evaluate 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, including from the perspectives of
   1. the interpretive techniques used, and
   2. the principles or policies underlying the relevant constitutional doctrines or provisions;
3. demonstrate sophisticated cognitive and creative skills to justify and interpret professional opinions relating to the constitutional validity of Commonwealth and Victorian legislation and executive actions, and to make reasoned and appropriate choices among alternatives;
4. select, analyse and apply constitutional law interpretive principles to generate appropriate jurisprudential and practical responses to complex legal issues;
5. communicate and collaborate effectively and persuasively; and
6. work with a high degree of autonomy, independence and professionalism

1. Research assignment (3000 words): 40%
2. Examination (2 hours plus 30 minutes reading time): 60%

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.