Federal and State Constitutional Law

Overview

This unit enables students, through the study of case law, statutes and other materials, to acquire a comprehensive knowledge and understanding of, and competence in, Australian constitutional law. This unit introduces students to the Victorian Constitution and the matters covered in the Commonwealth Constitution. Its focus is the Australian federal system; in particular, the composition and legislative powers of the Commonwealth Parliament, the executive and judicial powers of the Commonwealth and the role and position of the states and the laws they make.

Unit learning outcomes

Students who successfully complete this unit will be able to:

1. Identify and discuss the core principles of federal and state constitutional law and demonstrate use of these skills to solve factual legal problems.
2. Demonstrate the ability to develop and present a coherent and constitutionally sound legal argument, both orally and in writing, with clear logical structure and effective reasoning.
3. Locate and apply relevant case law and legislative provisions to solve factual legal problems relating to constitutional issues.
4. Analyses and evaluates judgments of the High Court of Australia and other superior courts concerning constitutional causes of action.
5. Critically evaluate constitutional law within its cultural context and assesses its broader social and political impacts.

Teaching methods

Hawthorn

Assessment

Content

• Understanding Australia’s federal system
• The powers and responsibilities of the legislative, judicial and executive branches of government under the Commonwealth of Australia Constitutional Act 1901 (Cth)
• The composition and operation of the Commonwealth Parliament
• The legislative power of the Commonwealth
• Constitutional interpretation and characterisation
• Inconsistency between Commonwealth and state law
• The judicial power of the Commonwealth and the separation of powers doctrine
• The executive power of the Commonwealth
• The role and power of the states and territories
• Constitutional change
• The powers and responsibilities of the legislative, judicial and executive branches of government under the Constitution Act 1975 (Vic)