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 II
  • Unit Code

    LAW2314
  • Year

    2015
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit examines various provisions of the Australian Constitution including a more detailed examination of the following legislative powers : external affairs, corporations power, trade and commerce and taxation. Students will also critically analyse the question of whether a bill of rights as opposed to judgements that found implied rights within the constitution is preferable. The role of Constitutional law in promoting human rights and social justice will be highlighted with reference to other constitutional approaches in democratic countries. Constitutional reform in the context of an Australian Republic from a federal jurisprudential viewpoint is also examined.

Prerequisite Rule

Students must pass 1 units from LAW2104

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. Demonstrate problems solving skills using Constitutional Law in the delegation of powers, interpretation of law, rights and freedoms of the states and jurisdictional boundaries.

Unit Content

  1. Constitutional limits on legislative power.
  2. Corporations power.
  3. Division of legislative powers.
  4. Employment - conciliation and arbitration
  5. External Affairs Power.
  6. Finance and trade arrangements and distribution of powers - Taxation including excise; Trade and Commerce; Freedom of interstate trade.
  7. Race power and racial discrimination, aliens and immigration

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students attend a weekly 3 hour seminar. Participation marks are awarded on the basis of contributions during seminars. Presentations are presented during seminars. Off-campus students access the unit via Blackboard. Lectures are recorded and students place seminar contributions and presentations on forums on Blackboard. 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.

ON CAMPUS
TypeDescriptionValue
AssignmentAssignment25%
ParticipationTutorial participation10%
PresentationTutorial presentation15%
ExaminationFinal examination50%
ONLINE
TypeDescriptionValue
AssignmentAssignment25%
ParticipationOnline discussion and participation10%
PresentationOnline presentation15%
ExaminationFinal examination50%

Text References

  • ^ Keyzer, P. (2010). Butterworths tutorial series constitutional law. (3rd ed.). Sydney: Butterworths.
  • ^ Clarke, J., Keyzer, P. ,& Stellios, J. (2013). Hanks' Australian constitutional law: Materials and commentary (9th ed.). Sydney: Butterworths.
  • Craven, G. (2004). Conversations with the constitution: Not just a piece of paper. Sydney: UNSW Press.
  • STATUTES Commonwealth Constitution
  • Blackshield, T., & Williams, G. (2006). Australian constitutional law and theory: Commentary and materials. Sydney: The Federation Press.

Website References

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2314|1|1

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 II
  • Unit Code

    LAW2314
  • Year

    2015
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit examines various provisions of the Australian Constitution including a more detailed examination of the following legislative powers : external affairs, corporations power, trade and commerce and taxation. Students will also critically analyse the question of whether a bill of rights as opposed to judgements that found implied rights within the constitution is preferable. The role of Constitutional law in promoting human rights and social justice will be highlighted with reference to other constitutional approaches in democratic countries. Constitutional reform in the context of an Australian Republic from a federal jurisprudential viewpoint is also examined.

Prerequisite Rule

Students must pass 1 units from LAW2104

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. Demonstrate problems solving skills using Constitutional Law in the delegation of powers, interpretation of law, rights and freedoms of the states and jurisdictional boundaries.

Unit Content

  1. Constitutional limits on legislative power.
  2. Corporations power.
  3. Division of legislative powers.
  4. Employment - conciliation and arbitration
  5. External Affairs Power.
  6. Finance and trade arrangements and distribution of powers - Taxation including excise; Trade and Commerce; Freedom of interstate trade.
  7. Race power and racial discrimination, aliens and immigration

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students attend a weekly 3 hour seminar. Participation marks are awarded on the basis of contributions during seminars. Presentations are presented during seminars. Off-campus students access the unit via Blackboard. Lectures are recorded and students place seminar contributions and presentations on forums on Blackboard. 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.

ON CAMPUS
TypeDescriptionValue
AssignmentAssignment25%
ParticipationTutorial participation10%
PresentationTutorial presentation15%
ExaminationFinal examination50%
ONLINE
TypeDescriptionValue
AssignmentAssignment25%
ParticipationOnline discussion and participation10%
PresentationOnline presentation15%
ExaminationFinal examination50%

Text References

  • ^ Keyzer, P. (2010). Butterworths tutorial series constitutional law. (3rd ed.). Sydney: Butterworths.
  • ^ Clarke, J., Keyzer, P. ,& Stellios, J. (2013). Hanks' Australian constitutional law: Materials and commentary (9th ed.). Sydney: Butterworths.
  • Craven, G. (2004). Conversations with the constitution: Not just a piece of paper. Sydney: UNSW Press.
  • STATUTES Commonwealth Constitution
  • Blackshield, T., & Williams, G. (2006). Australian constitutional law and theory: Commentary and materials. Sydney: The Federation Press.

Website References

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2314|1|2