LAWS5101 Constitutional Law
- 6 points
Availability Location Mode Semester 1 UWA (Perth) Face to face
- Building upon the content of LAWS4108 Foundations of Public Law, students engage in a detailed study of Commonwealth Constitution High Court jurisprudence. Introducing constitutional characterisation through the Trade and Commerce Power, they then focus on an analysis of key Commonwealth powers, namely the Corporations, External Affairs, Defence, Finance and Referral powers. Subsequently, students consider the restraints on powers such as Chapter III judicial power, the implied freedom of political communication, intergovernmental immunities and inconsistency of Commonwealth and State laws. Topics draw upon contemporary, historical and political developments and policy background to expound the High Court's role as the constitutional keystone of the Australian federation and its interpretive influence over Commonwealth-State relations. Students are able to (1) demonstrate a sound understanding of constitutional powers and their limits, while appreciating institutional relationships, the impact of constitutional decisions and contemporary constitutional developments; (2) appreciate how constitutional litigation is conducted; (3) develop and apply constitutional methodology and analysis to constitutional problems; (4) locate, digest, critique, synthesise and apply constitutional materials; and (5) confidently discuss constitutional concepts and formulate logical constitutional arguments.
- Students are able to (1) demonstrate an understanding of: the fundamental principles and concepts of Australian constitutional law, powers and the relationships between the constitutional institutions of government, the role of federal constitutional power within the legal system as a whole, external affairs power of the Commonwealth in implementing international conventions into domestic law and regulating matters of international concern, and relationship between international law and Australian domestic law; (2) demonstrate an appreciation of contemporary constitutional developments and issues and the impact of the High Courts of Australia (HCA) Constitutional Law decisions upon public policy development and implementation; (3) demonstrate an understanding of how litigation in the HCA is conducted from the perspective of a litigant and counsel representing that litigant; (4) critically analyse a complex Constitutional Law problem; (5) identify, interpret and apply fundamental and relevant constitutional law concepts and constitutional sources in resolving complex constitutional law problems; (6) apply federal constitutional powers and limitations to determine the constitutional validity of hypothetical legislative provisions; (7) understand differences in constitutional judicial methodology in majority and minority resolution of HCA matters; (8) demonstrate an ability to engage in legal research in tracing historical versions of legislation arising in a constitutional case; (9) demonstrate an ability to engage in legal research in locating, digesting and synthesising secondary materials in preparation for the examination essay question; and (10) communicate effectively in discussing constitutional concepts and formulating constitutional arguments.
- Indicative assessments in this unit are as follows: (1) tutorial participation; (2) assignment; and (3) examination. Further information is available in the unit outline.
Supplementary assessment is not available in this unit.
- Unit Coordinator(s)
- Dr Murray Wesson
- Unit rules
- Contact hours
- lectures: 3 hours per week; tutorials: 2 hours per fortnight
- Unit Outline
- Semester 1-2020 [SEM-1-2020]
Blackshield, T. and Williams, G. Australian Constitutional Law and Theory: Commentary and Materials, 6th edn: Federation Press 2013 (unabridged version)
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available via the Booktopia Textbook Finder, which has the functionality to search by course code, course, ISBN and title, and may also be posted or available at the appropriate school's administrative offices. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.