LLAW9607 Constitutional Law

This topic provides students with a general knowledge of the scope of the Commonwealth Constitution. Areas to be covered include the separation of judicial power; the distribution of legislative power between the Commonwealth and the States; inter-governmental immunities; inconsistency of laws; and express and implied rights and freedoms.

This topic aims to:

• Provide a framework within which students can:
  • Gain a working knowledge of the principles that flow from Australia's status as a federation, and that govern relationships between the Commonwealth and the States
  • Develop an informed opinion about the actual and potential role of law in maintaining and shaping the Australian federation
  • Develop an informed opinion about the actual and potential role of law in governing relationships between the Commonwealth and the States
  • Develop an informed opinion about the impact of the procedure for altering the Commonwealth Constitution
  • Gain an understanding of the impact of constitutional law and jurisprudence on Australia's position in the international community; and
  • Encourage students to reflect critically on Australian law and practice in maintaining and shaping federation and in governing relations between the Commonwealth and the States, in light of practice in other jurisdictions

1. demonstrate a knowledge and understanding of state and Commonwealth constitutions and constitutional systems, relations between the different Commonwealth and State or Territory laws and the separation of powers;

2. demonstrate ability to:
   (a) understand approaches to ethical decision making;
   (b) recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts;
   (c) recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and
   (d) exercise professional judgment,
   in the context of constitutional law.

3. demonstrate ability to:
   (a) identify and articulate complex legal issues;
   (b) apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues;
   (c) engage in critical analysis and make reasoned and appropriate choices amongst alternatives, and
   (d) demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses,
   in the context of constitutional law.

4. demonstrate intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues in the context of constitutional law;

5. demonstrate ability to:
   (a) communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and
   (b) collaborate effectively,

6. in the context of constitutional law. Demonstrate ability to:
   (a) learn and work with a high level of autonomy, accountability and professionalism, and
   (b)reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.