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Location Domestic International
Gold Coast
Lismore
Online
Session2, 2

Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Intermediate

Former School/College

Former School of Law and Justice

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.

Unit aim

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

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.

GA1: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
On completion of this unit, students should be able to: GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 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
2 demonstrate in discussion or in a written essay a knowledge of the Constitution of New South Wales and the Commonwealth Constitution
3 analyse significant constitutional case law and explain its significance to constitutional law
4 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
5 describe and apply as part of a problem-solving exercise the doctrine of the separation of powers, the division of powers between the Commonwealth and the States and the significance of constitutional restrictions on Commonwealth and State powers
6 describe in discussion or in a written essay the impact of the Constitution on human rights and civil liberties.

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

  1. 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
    • GA1:
    • GA4:
    • GA7:
  2. demonstrate in discussion or in a written essay a knowledge of the Constitution of New South Wales and the Commonwealth Constitution
    • GA1:
    • GA4:
  3. analyse significant constitutional case law and explain its significance to constitutional law
    • GA4:
  4. 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
    • GA1:
    • GA4:
    • GA7:
  5. describe and apply as part of a problem-solving exercise the doctrine of the separation of powers, the division of powers between the Commonwealth and the States and the significance of constitutional restrictions on Commonwealth and State powers
    • GA1:
    • GA4:
  6. describe in discussion or in a written essay the impact of the Constitution on human rights and civil liberties.
    • GA1:
    • GA4:

Prescribed texts

  • Joseph, S & Castan, M, 2019, Federal Constitutional Law. A Contemporary View, 5th edn, Lawbook Company, Sydney. ISBN: 9780455241449.
Prescribed texts may change in future study periods.