Overview

This unit enables students, through the study of cases, 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.

Requisites

Prerequisites
LAW20012 Federal and State Constitutional Law

Rule

75 credit points in law units

Teaching Periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date
Semester 1
Location
Hawthorn
Start and end dates
26-February-2024
26-May-2024
Last self-enrolment date
10-March-2024
Census date
31-March-2024
Last withdraw without fail date
12-April-2024
Results released date
02-July-2024
Teaching Period 2
Location
Online
Start and end dates
08-July-2024
06-October-2024
Last self-enrolment date
21-July-2024
Census date
02-August-2024
Last withdraw without fail date
23-August-2024
Results released date
29-October-2024

Learning outcomes

Students who successfully complete this unit will be able to:

  • Identify the core principles of federal and state constitutional law to solve factual legal problems
  • Demonstrate an ability to develop a sustained legal argument both orally and in writing in a logical and effective way with particular regard to the cultural context and social and political impact of constitutional law
  • Locate and apply relevant case law and legislative provisions to solve factual legal problems relating to the law of torts
  • Analyse judgments from the High Court of Australia and other superior courts that deal with constitutional causes of action

Teaching methods

Hawthorn

Type Hours per week Number of weeks Total (number of hours)
On-campus
Class
3.00 12 weeks 36
Online
Lecture
1.00 12 weeks 12
Unspecified Activities
Independent Learning
8.50 12 weeks 102
TOTAL150

Swinburne Online

Type Hours per week Number of weeks Total (number of hours)
Online
Directed Online Learning and Independent Learning
11.50 12 weeks 138
Live Online
Class
1.00 12 weeks 12
TOTAL150

Assessment

Type Task Weighting ULO's
ExaminationIndividual 50 - 70% 1,2,3,4 
Research AssignmentIndividual 30 - 50% 1,2,3,4 

Content

  • The powers and responsibilities of the legislative, judicial and executive branches of government under the Constitution Act 1975 (Vic)
  • Australia’s federal system
  • 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

Study resources

Reading materials

A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.