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Unit of Study LAWS2005 - Constitutional Law (2026)

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Unit Snapshot

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Unit description

Explains the basic structure of Australia's Constitution, which is federal in nature - dividing powers between the Commonwealth and State Parliaments, and limiting what kinds of laws they can make.

Unit content

Module 1: Introduction: historical context; Indigenous sovereignty; Federation.

Module 2: Division of powers between Commonwealth and States; characterisation of Commonwealth laws; the Commonwealth’s main powers.

Module 3: Inconsistency between Commonwealth and State laws; State constitutions, entrenchment, manner and form

Module 4: Express prohibitions on Commonwealth and/or States

Module 5: Implied rights and freedoms; separation of judicial power.

Module 6: The Constitution vs democracy? Voting rights; MPs’ qualifications; political parties; protests; Senate powers.

Availabilities

Location Domestic International
Gold Coast
Term2
Term2
Online
Term2
Term2

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 and evaluate 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

evaluate 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

evaluate 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
  • Joseph, S & Castan, M, 2024, Federal Constitutional Law, A Contemporary View, 6th edn, Lawbook Company, Sydney. ISBN: 9780455248097.
Prescribed Resources/Equipment

  • Access to a computer with a webcam and reliable internet connection.  Students will be required to complete an onboarding process to verify their identity before attempting the online exam in this unit.

Prescribed Learning Resources may change in future Teaching Periods.