• Offered by ANU Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law
  • Academic career Undergraduate
  • Course convener
    • Dr Ron Levy
  • Mode of delivery In Person
  • Co-taught Course LAWS6202
  • Offered in Second Semester 2018
    See Future Offerings

Building on previous public law studies, particularly Australian Public Law, this course aims to deepen student understanding of key aspects of the Commonwealth Constitution and its judicial interpretation by the High Court. Particular attention will be paid to the historical, social and institutional forces which have helped shape the Constitution and the High Court's reading of it. The course includes:

    the historical, social and institutional context of Australian constitutional law

    the scope of Commonwealth legislative power, including the corporations power (s 51(xx)), the external affairs power (s 51(xxix)); the 'races' power (s51(XXVI)), the process of characterisation and the principle in the Communist Party Case

    inconsistency between Commonwealth and State laws (s 109)

    federal financial powers and economic union

    general principles and theories of interpretation; the Engineers Case and implied intergovernmental immunities

    the implied freedom of political communication

    the nature of judicial review and the role of the High Court

Learning Outcomes

By the conclusion of this course, students who have successfully completed all of the requirements will have the knowledge and skills to:

1. Identify, explain and apply the fundamental legal principles covered in Commonwealth Constitutional Law;

2. Examine and interpret the appropriate constitutional provisions and legal authorities to support the explanation and application of constitutional principles in the course of problem solving;

3. Access, interpret and use government documents in the course of solving constitutional law problems;

4. Explain and critically evaluate the role played by the High Court of Australia in developing constitutional principles, shaping the federal system and protecting federal institutions of government;

5. Analyse and assess the impact that the High Court has had on the development of constitutional principles, the character of the federal system in Australia and the health of federal institutions of government;

6. Apply the critical thinking required to bring about solutions to complex legal problems and/or issues in the area of Commonwealth Constitutional law and communicate these solutions effectively.

Other Information

This course is normally taken in the third year of a combined degree.

Indicative Assessment

It is anticipated that this course will be assessed by a compulsory end of semester exam and some form of mid-semester assessment. Details of the final assessment, including the relationship between assessment and the learning outcomes for the course, will be provided on the course home page by the first week of semester.

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

There will generally be four hours of lectures per week. In some weeks, there will also be a one hour tutorial. Students are generally expected to devote approximately 10 hours overall per week to this course.

Requisite and Incompatibility

To enrol in this course you must be studying a program which includes the Bachelor of Laws and completed or be completing five LAWS courses at 1000 level and have completed LAWS1205 Australian Public Law.

Prescribed Texts

Information about prescribed texts will be made available in the course study guide. See the course homepage.

 

Fees

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
Band 3
Unit value:
6 units

If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees.  Where there is a unit range displayed for this course, not all unit options below may be available.

Units EFTSL
6.00 0.12500
Note: Please note that fee information is for current year only.

Offerings and Dates

The list of offerings for future years is indicative only

Second Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery
7327 23 Jul 2018 30 Jul 2018 31 Aug 2018 26 Oct 2018 In Person

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions