Information on this page, including unit offerings, is from the 2020 academic year.
Constitutional Law (LLB259)
|Organisational Unit||Law and Criminology|
|Teaching Timetables||Murdoch S2
|Description||This unit reviews the basic principles of constitutional law in Australia. This will be done through examining a range of topics including: the origin and development of state and federal constitutional law; the principles of federalism and separation of powers; specific grants of power to the Commonwealth legislature under section 51 of the Commonwealth Constitution; express and implied constitutional rights; and the process of constitutional change.|
|Unit Learning Outcomes||On successful completion of the unit, students should have a comprehensive understanding of:
1. Key constitutional principles including constitutionalism, the rule of law, representative and responsible government and the separation of powers doctrine;
2. The role of the High Court in constitutional interpretation including the differing methods of interpretation used by the High Court (literalism, legalism, originalism, the 'living constitution', judicial activism and judicial restraint);
3. How the Constitution provides for a Federal System and the role of the High Court in shaping Commonwealth State powers;
4. The composition and role of the Federal Executive including the Commonwealth Government and the Governor-General;
5. The composition and role of the Commonwealth Parliament (House of Representatives and the Senate);
6. The legislative powers of the Commonwealth Parliament, including a detailed overview of the defence power, corporations power, external affairs power, and the trade and commerce power;
7. The financial powers of the Commonwealth Parliament including taxation, excise, spending and grants;
8. The operation of express constitutional 'freedoms' such as freedom of interstate trade, freedom of religion, the acquisition of property on just terms requirement, the implied freedom of political communication, and the implied right to vote;
9. The process of constitutional change through judicial interpretation and referenda.
|Timetabled Learning Activities||Lectures: 3 hours per week; tutorials: up to 10 hours per semester.|
|Unit Learning Experiences||Lectures will provide a framework for studying the unit and a structured presentation of core content. Tutorials will provide students with an opportunity to engage collectively with topics in the unit and to test their understanding.
|Assessment||An essay and exam, or some other combination of assessments.|
|Prerequisites||Successful completion of all 100 level units in the LLB; or enrolment in the LLB-graduate entry and successful completion of 12 points of 100 level units in the LLB -graduate entry including BJU100.|
|Exclusions||Students who have successfully completed LAW259 Constitutional Law may not enrol in this unit for credit.|
|Appears in these Courses/Majors:
see individual structures for context
|Internet Access Requirements||Murdoch units normally include an online component comprising materials, discussions, lecture recordings and assessment activities. All students, regardless of their location or mode of study, need to have access to and be able to use computing devices with browsing capability and a connection to the Internet via Broadband (Cable, ADSL or Mobile) or Wireless. The Internet connection should be readily available and allow large amounts of data to be streamed or downloaded (approximately 100MB per lecture recording). Students also need to be able to enter into online discussions and submit assignments online.|