• Offered by ANU Law School
  • ANU College ANU College of Law
  • Classification Advanced
    Specialist
  • Course subject Laws
  • Areas of interest Law
  • Academic career PGRD
  • Course convener
    • Prof James Stellios
  • Mode of delivery In Person
  • Offered in Winter Session 2018
    See Future Offerings

This course is designed to give students an opportunity to explore contemporary issues in Australian constitutional law. Issues will be examined both from a practical and theoretical dimension.

The contemporary topics examined in the course may change each year, to reflect constitutional law developments and the interest of participants. Illustrative examples of issues that could be covered at present include:

  • the implied right to vote;
  • recent implied freedom of political communication cases;
  • Pape v Commissioner of Taxation, Williams v Commonwealth and the nature of executive power;
  • section 96 grants;
  • referrals of power and other cooperative schemes;
  • Momcilovic v The Queen;
  • section 109 inconsistency;
  • same-sex marriage;
  • the position of the territories;
  • minority government;
  • constitutional interpretation;
  • proportionality;
  • use of comparative and international law;
  • procedural issues, including agreeing to facts;
  • the role of interveners and amicus curiae; and
  •  constitutional change.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

By the conclusion of this course, it is intended that students who have successfully completed all of the course requirements should be able to:
  1. Demonstrate mastery of knowledge and understanding of the range of current issues currently influencing developments in the Australian constitutional law;
  2. Explain, critically analyse and integrate that knowledge and understanding so as to evaluate and anticipate future developments in Australian constitutional law;
  3. Identify, review and critically contribute, using a range of research principles and methods,  to scholarly discussion on principles and practices underlying current developments in constitutional law;
  4. Investigate and analyse the interrelationships between recent developments in constitutional law and its influence on broader public law principles;
  5. Generate and critically analyse knowledge of constitutional law principles and demonstrate application to a variety of complex problems in both practical and theoretical contexts; and
  6. Plan, research and critically analyse and evaluate legal scholarship and other material discussing recent developments to produce a professional piece of written work.

Other Information

This is an intensive course with a 4 day compulsory intensive (see LLM timetable for dates).

Approximately 6 weeks from the completion of the intensive your final assessment will be due. Contact with fellow students and the convenor, both prior to the intensive and after, is conducted via the Wattle course site.

Indicative Assessment

Assessment is likely to consist of:
  1. Class Participation (10%)
  2. Research Essay (100%)

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

26 hours of face to face teaching (4 day intensive). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
 
Click here for the LLM Masters Program timetable

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300XSINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SENVL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL, 7883XLLM), Master of Legal Practice (MLEGP). OR Must be studying a: Master of Diplomacy/Master of International Law (7893MDIPL, 7893XMINTL), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL), Master of Legal Studies (7305XMLEGS), and completed LAWS8015 Fundamentals of Government and Commercial Law or LAWS8587 Legal Framework of Regulation. OR Must be studying a Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five LAWS1000 level courses or five LAWS6100 level courses. OR Must be studying a Graduate Certificate of Law (CLAW) and have completed or are completing LAWS8586 Law and Legal Institutions and LAWS8587 Legal Framework of Regulation. OR Must be studying a Master of Military Law (MMILL) OR Must be studying a Juris Doctor (MJDOL) and have completed the course LAWS8712 Australian Public Law & International Law B Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Contact College for permission number.

Prescribed Texts

The Constitution will be central to class discussion and is available from the Co-op Bookshop or at http://www.comlaw.gov.au/Details/C2005Q00193

Preliminary Reading

Further introductory material includes:
  • Joseph, Sarah and Melissa Castan, Federal Constitutional Law: A Contemporary View (Thomson Reuters: 3rd ed, 2009)
  • Hanks, Peter, Frances Gordon and Graeme Hill, Constitutional Law in Australia (LexisNexis Butterworths, 3rd ed, 2012)
  • Ratnapala, Suri and Jonathan Crowe, Australian Constitutional Law: Foundations and Theory (Oxford University Press, 3rd ed, 2012)
  • Saunders, Cheryl, It’s Your Constitution (Federation Press, 2nd ed, 2003)
  • Saunders, Cheryl, The Constitution of Australia: A Contextual Analysis (Hart Publishing, 2011)
  • Zines, Leslie, The High Court and the Constitution (Federation Press, 5th ed, 2008)

Assumed Knowledge

Students without an Australian law degree must have completed LAWS8587 Legal Framework of Regulation

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
Domestic fee paying students
Year Fee
2018 $3660
International fee paying students
Year Fee
2018 $5160
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.

Winter Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
6899 03 Sep 2018 03 Sep 2018 14 Sep 2018 18 Oct 2018 In Person N/A

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