730-416 Advanced Constitutional Law

Torts; Principles of Public Law; Constitutional Law; Administrative Law or equivalents.

This subject is about some of the fundamental questions of Australian constitutional law that the High Court has been grappling with in recent years: How do the elements of the Commonwealth fit together to form the Australian nation? And what rights do people in Australia have?

These topics have been chosen to enable students to focus on the most relevant, current and challenging aspects of Australian Constitutional Law. They offer students the chance to deepen and broaden their understanding of Australian constitutional law beyond the core topics covered in Constitutional and Administrative Law. The subject will also include guest lectures from constitutional practitioners and/or judges. It will develop students' practical skills in preparing written advice in constitutional matters, presenting oral argument in constitutional matters and writing outlines of argument in constitutional matters. The principle topics covered will include:

• the constitutional relationship between states, territories and the Commonwealth:

  • the states;

  • the territories;

  • the common law and the Constitution;

  • extraterritoriality and conflicts of laws within Australia;

  • intergovernmental immunities;

  • discrimination and equal treatment;

• the constitutional relationship between governments and people:

  • discrimination and equal treatment;

  • popular sovereignty;

  • citizenship;

  • implied political rights;

  • express rights;

  • due process and the rule of law.

Written opinion in a constitutional matter 2500 words 50% (due week 9) AND either one written outline of an argument on a constitutional matter 2500 words 50% (due at the start of the examination period) or a one-page skeleton outline of argument and presentation of 20-minute oral argument in a constitutional matter 50% (during the examination period).

• The Commonwealth Constitution. (Cth) Australian Government Publishing Service.