MONASH UNIVERSITY FACULTY HANDBOOKS

Law Handbook 1996

Published by Monash University
Clayton, Victoria 3168, Australia

Authorised by Academic Registrar, April 1996


LAW4112

Current problems in constitutional law 406

Not offered in 1996

Associate Professor H P Lee

6 points + Three 1-hour seminars per week + One semester + Clayton + Prerequisite: LAW3200

Objectives On completion of this subject students should (1) have extended their basic understanding of Australian federal constitutional principles; (2) have acquired an appreciation of contemporary issues relating to the constitutional system; (3) be able to evaluate critically the role and functioning of the High Court in contemporary Australian society; and (4) have developed a greater appreciation of the complex task of constitutional interpretation, with particular emphasis on fundamental doctrines.

Synopsis This subject canvasses a number of fundamental constitutional doctrines and also issues of contemporary significance. The subject will deal with the characterisation of Commonwealth laws, the doctrine in the Communist Party case (`The stream cannot rise above its source'), the notion of implied rights, the methods, techniques and attitudes of the High Court, a bill of rights and an Australian republic.

Assessment Written research assignment (5000 words): 50% + Final examination (2 hours): 50%

Texts


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