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 II

• Unit Code

  LAW2314

• Year

  2016

• Enrolment Period

  1

• Version

  2

• Credit Points

  15

• Full Year Unit

  N

• Mode of Delivery

  On Campus
  Online

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Description

This unit examines various provisions of the Australian Constitution. It focuses on: federalism, considering the financial, trading and legal relationships between States and Commonwealth; freedoms and other limitations on legislative power; and race and racism issues at a constitutional level. Students will be encouraged to consider the health of our federation; and to consider the role of rights and freedoms in limiting the power of a parliamentary majority elected by the people.

Prerequisite Rule

Students must pass 1 units from LAW2104

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. Demonstrate ability to work in a team.
4. Understand Australian federalism.
5. Understand the role of rights and freedoms in limiting legislative power.
6. 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.

Unit Content

1. Characterisation
2. Employment - conciliation and arbitration
3. Finance and trade arrangements and distribution of powers - Taxation including excise; Trade and Commerce; Freedom of interstate trade.
4. Legal relations - corporations power and external affairs power.
5. Race power and racial discrimination, aliens and immigration
6. Constitutional limits on legislative power.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students attend a weekly 2 hour seminar and 1 hour tutorial. Participation marks are awarded on the basis of contributions during seminars and tutorials. 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.

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.
• Blackshield, T., & Williams, G. (2006). Australian constitutional law and theory: Commentary and materials. Sydney: The Federation Press.
• Craven, G. (2004). Conversations with the constitution: Not just a piece of paper. Sydney: UNSW Press.
• STATUTES Commonwealth Constitution

^ Mandatory reference

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