Handbook : Unit informationEdith Cowan University

School: Business and Law

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

  2017

• Enrolment Period

  1

• Version

  2

• Credit Points

  15

• Full Year Unit

  N

• Mode of Delivery

  On Campus
  Online

• Unit Coordinator

  Mr Toby Matthew NISBET

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Description

This unit introduces students to the Australian and State constitutions. It examines the history and development of the constitution and the establishment of the various legal jurisdictions in Australia. The unit involves applying principles of constitutional law to determine the validity of legislation or government action. The unit encourages students to celebrate our dependable non-violent system of governance, whilst also encouraging students to think critically about existing threats to the system.

Prerequisite Rule

Students must pass 2 units from LAW1116; LAW1600

Learning Outcomes

On completion of this unit students should be able to:

1. Clear written communication skills in the maintenance and development of a thesis in legal arguments.
2. Conduct independent effective legal research.
3. Understand the history of Australian Constitutional Law, including the rise of parliamentary sovereignty.
4. Demonstrate ability to work in a team.
5. Apply the principles of Australian constitutional law in answers to practical problems in examinations so as to demonstrate an understanding of the relevant principles of constitutional law.

Unit Content

1. The history of the Constitution.
2. The sources and nature of Constitutional law.
3. Interpretation and theory.
4. Judicial, legislative and executive powers; and the separation of powers doctrine.
5. Legislative and executive powers.
6. Limits to legislative powers.
7. Intergovernmental Immunities.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a two hour seminar and a one hour tutorial. Off-campus students access the unit via Blackboard. The interactive aspects of the seminar are replicated through forum participation 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

Core Reading(s)

• Clarke, J. K., P., & Stellios, J. (2009). Hanks' Australian constitutional law: Materials and commentary. (8th ed.). Chatswood, N.S.W: LexisNexis Butterworth.

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