730-214 Constitutional Law

Legal Method and Reasoning; Principles of Public Law or in each case their equivalents.

This subject continues the analysis of the laws establishing and regulating the Australian state that began in 'Principles of Public Law' and will continue in 'Administrative Law.' It is structured around the fundamental principles of Australian public law - constitutionalism, representative democracy, the separation of powers, federalism and individual rights - and uses them to examine more closely the institutions of Australian government - the courts, legislatures and the executive. (The examination of the executive branch and the principles of responsible government are taken further in Administrative Law). Topics covered include:

• introduction to Australian constitutions and to constitutional law;

• representative democracy:

  • composition, powers and procedures of Australian parliaments and their constituent chambers;

  • political rights and freedoms;

• separation of powers:

  • legislature and executive;

  • judicial power;

• Australian Federalism:

  • key features of the Australian federation;

  • inconsistency of Commonwealth and State law;

  • the federal division of legislative power, including the scope of state legislative power and, in relation to federal legislative power, types of power, interpretation, characterisation, incidental power, selected heads of power for detailed study;

  • the federal division of executive power;

  • the federal division of judicial power including the concept of federal jurisdiction;

  • governmental and inter-governmental immunities: Statutory interpretation and constitutional principles;

  • economic union: finance, trade and free movement in the Australian federal system;

• express rights and freedoms.

An on-line skills exercise (hurdle requirement - due in the first half of semester), a research essay 2500 words 40% (due in week 8) and a final open-book examination two hours 60%

Printed materials will be issued by the Faculty of Law.

• Blackshield & Williams, Australian Constitutional Law and Theory: Commentary and Materials. Federation Press 4th ed. 2006 (abridged edition).