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 a detailed examination of the trade and commerce power (s 51(i)), the corporations power (s 51(xx)) and the external affairs power (s 51(xxix)); 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
- an introduction to implied constitutional ‘rights', focusing on implications from representative government
- the nature of judicial review and the role of the High Court
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
At the conclusion of this course students should be able to:
- demonstrate an understanding of
- key aspects of the Commonwealth Constitution and its interpretation by the High Court
- the main principles and theories of interpretation associated with the Commonwealth Constitution
- the historical, social and institutional context of Australian constitutional law
- identify the constitutional issues that arise from a given set of facts
- distil propositions of law from constitutional cases and apply those propositions to construct persuasive legal arguments in response to legal problems
- comment critically on the High Court's interpretation of the Constitution and the historical, social and political forces that have shaped, and continue to shape, Australian constitutional law.
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
Prescribed Texts
Information about prescribed texts will be made available in the course outline. 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:
- 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 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2015 | $2958 |
- International fee paying students
| Year | Fee |
|---|---|
| 2015 | $4146 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
Second Semester
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 1438 | 20 Jul 2015 | 07 Aug 2015 | 31 Aug 2015 | 30 Oct 2015 | In Person | N/A |
