70616 Federal Constitutional Law

Requisite(s): 70113 Legal Process and History AND 70105 Legal Research AND 70211c Law of Contract
Undergraduate and Postgraduate
Subject coordinator: G Holland

This subject examines the effect of the Australian Constitution on the legal and fiscal relationship of the Commonwealth, States and Territories. Students will develop an understanding of the techniques of judicial review in the constitutional context, through examining a range of powers conferred to the Commonwealth government. These powers include trade and commerce, corporations and external affairs. Other areas examined are explicit and implicit restrictions of power, the questions of inconsistency and intergovernmental relations. The general role of the High Court in Australian constitutional law is also considered, along with the separation of powers doctrine as it relates to the independence of the judiciary.

This subject aims to provide an understanding of:

• the philosophies and principles which shape Australian constitutional law
• the nature and content of the Commonwealth Constitution
• the role and methods of the High Court in interpreting the Constitution
• the distribution of legislative power under the Constitution
• the scope of particular grants of legislative power to the Commonwealth
• the relationship between the Commonwealth and the States under the Constitution
• the scope of the executive, parliamentary and judicial powers of the Commonwealth, the States and the Territories
• the relationship between the three arms of government in Australia
• those rights and freedoms guaranteed by the Constitution, both express and implied
• the nature of 'representative government', and
• the role of International law, including treaties, in shaping Australian domestic law.

Typical availability

Autumn semester, City campus
Spring semester, City campus