Unit of Study LAWS2005 Constitutional Law (2024)

Future students:
T: 1800 626 481
E: Email your enquiry here

Current students:
Contact: Faculty of Business, Law and Arts

Students studying at an education collaboration:
Please contact your relevant institution

Show me unit information for year

View previous years of our units

Unit Snapshot

Unit type

UG Coursework Unit
Credit points

12
Faculty & College

Faculty of Business, Law and Arts
Placement

No

Pre-requisites

Must have completed LEGL1001 - Legal Research and Writing AND LEGL1005 - Legal Process
Anti-requisites

Not available for students admitted to the Associate Degree in Law (Paralegal Studies) or Bachelor of Legal and Justice Studies.

Unit description

Explains the basic structure of Australia's Constitution, which is federal in nature - dividing powers between the Commonwealth and State Parliaments, and limiting what kinds of laws they can make.

Unit content

Module 1: Introduction; historical context; Indigenous sovereignty; Federation.

Module 2: Division of powers between Commonwealth and States; characterisation of federal laws; inconsistent State laws.

Module 3: The Commonwealth’s main powers.

Module 4: Express rights and freedoms.

Module 5: Implied rights and freedoms; separation of judicial power.

Module 6: The Senate, bicameralism, and democracy; State constitutions, entrenchment, manner and form.

Availabilities

Location	Domestic	International
Gold Coast	Term2	Term2
Online	Term2	Term2

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:

describe the imposition on the Australian colonies of British law, and the gradual growth of political independence and nationhood, being aware of gender and race issues

demonstrate in discussion or in a written essay a knowledge of the Commonwealth and NSW Constitutions, especially the separation of powers, the State/ Federal division of powers, and the protection of human rights and civil liberties

analyse significant constitutional case law and explain its significance to constitutional law

demonstrate in discussion or a written essay an understanding of the cultural context and social and political impact of constitutional law, including the environmental, gender and race issues pertaining to constitutional law

Teaching and assessment

Teaching method

Workshop 1 hour (Twice weekly)

Tutorial 2 hours (Twice weekly)

Assessment
Essay	40%
Exam: Proctored, Online	60%

Teaching method

Workshop 1 hour (Twice weekly)

Tutorial 2 hours (Twice weekly)

Assessment
Essay	40%
Exam: Proctored, Online	60%

Prescribed learning resources

Prescribed Texts

Joseph, S & Castan, M, 2024, Federal Constitutional Law, A Contemporary View, 6th edn, Lawbook Company, Sydney. ISBN: 9780455248097.

Prescribed Resources/Equipment

Access to a computer with a webcam and reliable internet connection. Students will be required to complete an onboarding process to verify their identity before attempting the online exam in this unit.

Prescribed Learning Resources may change in future Teaching Periods.

Fee information

Domestic

Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.

Fee paying courses
For postgraduate or undergraduate full-fee paying courses please check Domestic Postgraduate Fees OR Domestic Undergraduate Fees.

Find out more for domestic fees