Handbook : Unit informationEdith Cowan University

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

• Unit Title

  Constitutional Law I

• Unit Code

  LAW2104

• Year

  2015

• Enrolment Period

  1

• Version

  1

• Credit Points

  15

• Full Year Unit

  N

• Mode of Delivery

  On Campus
  Online

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Description

This unit introduces students to the Australian Constitution. It examines the history and development of the Constitution and the establishment of the various legal jurisdictions in Australia. The unit will examine the process of solving complex legal problems relating to the interpretation and application of law, based on the Constitution. The unit will critically analyse the doctrine of the separation of powers, disputes between States and the Commonwealth, and Commonwealth powers.

Prerequisite Rule

Students must pass 1 units from LAW1116

Learning Outcomes

On completion of this unit students should be able to:

1. Apply the principles of Australian constitutional law in answers to practical problems in examinations and in assignments, so as to demonstrate an understanding of the relevant principles of constitutional law.
2. Discuss and demonstrate an understanding of the history of Australian Constitutional Law.
3. Discuss the impact and importance of Constitutional Law in the development of law in Australia.
4. Understand the role and function of Constitutional Law in Australia.

Unit Content

1. Characterisation and interpretation.
2. Intergovernmental Immunities.
3. Introduction to Legislative powers.
4. Limits to legislative powers.
5. The history of the Constitution.
6. The role of the Commonwealth Executive, Judiciary and Parliament, and the constitutional powers of the states and territories.
7. The sources and nature of Constitutional law.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a three hour seminar. Off-campus students access the unit via Blackboard. The interactive aspects of the seminar are replicated through forum participation; recorded group presentations; and live tutorials. Live tutorials will be run at a time to suit as many students as possible and the tutor's availability. Live tutorials are not compulsory, subject to demand and subject to tutor availability. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

* Assessment item identified for English language proficiency

Text References

• ^ Clarke, J. Keyzer, P., & Stellios, J. (2009). Hanks' Australian constitutional law: Materials and commentary (8th ed). Sydney: Butterworths.
• Blackshield, T., & Williams, G. (2006). Australian constitutional law and theory: Commentary and materials. Sydney: Federation Press.
• Keyzer, P. (2010). Principles of Australian constitutional law (3rd ed). Sydney: Butterworths.

Website References

• www.austlii.edu.au

^ Mandatory reference

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