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Unit of Study LAWS2005 - Constitutional Law (2021)

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Unit Snapshot

  • Pre-requisites

    Must have completed LAW00051 Legal Research and Writing AND LAW00111 Legal Process

  • Anti-requisites

    Not available for students admitted to the Associate Degree in Law (Paralegal Studies) or Bachelor of Legal and Justice Studies.

  • Enrolment information

    N/A

Unit description

Explores the Australian legal system which is federal in nature, dividing power between the Commonwealth and the States. Constitutional Law impinges on many areas of practice.

Unit content

Topic 1 Introduction to constitutional law
Topic 2 A historical overview: From colonisation to federation and beyond; the States and their constitutions
Topic 3 The division of powers between the Commonwealth and the States
Topic 4 Intergovernmental immunities
Topic 5 Characterisation and the trade and commerce and corporations heads of power
Topic 6 The external affairs and defence heads of power
Topic 7 The Constitution and the environment
Topic 8 Section 92 and Section 90
Topic 9 Express constitutional guarantees
Topic 10 Implied constitutional rights and freedoms
Topic 11 The Constitution and democracy
Topic 12 The doctrine of separation powers

Availabilities

Location Domestic International
Gold Coast
Session2
Session2
Online
Session2
Session2

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:

describe the imposition on the Australian colonies of British law, and the gradual growth of political independence and nationhood, being aware of gender and race issues

demonstrate in discussion or in a written essay a knowledge of the Commonwealth and NSW Constitutions, especially the separation of powers, the State/ Federal division of powers, and the protection of human rights and civil liberties

analyse significant constitutional case law and explain its significance to constitutional law

demonstrate in discussion or a written essay an understanding of the cultural context and social and political impact of constitutional law, including the environmental, gender and race issues pertaining to constitutional law

Prescribed learning resources

Prescribed Texts
  • No prescribed texts.

Prescribed Learning Resources may change in future Teaching Periods.