Details for LAW201 Constitutional Law 1

A constitution is the architecture of power. Constitutional Law 1 builds your understanding of Australian constitutionalism: the rule of law, representative and responsible government, and separation of powers. You’ll examine how the High Court interprets the Constitution, how federalism works, and the roles of Parliament, the Executive and Chapter III courts. You’ll finish able to evaluate contemporary constitutional questions with a clear, well-argued thesis.

Quick Stats

• Currently offered by Alphacrucis: Yes
• Course code: LAW201
• Credit points: 10

Subject Coordinator

Prerequisite

LAW106 Legislation and Statutory Interpretation  

Unit Content

Outcomes

1. Demonstrate a broad and coherent understanding of key concepts in Australian Constitutional Law. In Constitutional Law 1 this includes: the origins and philosophical foundations of modern constitutionalism, particularly Australian constitutionalism;
   • key principles of constitutional theory (including the rule of law, the concepts of representative and responsible government, and the separation of powers doctrine);
   • the role of the High Court in constitutional adjudication, including the methods of constitutional interpretation the court has adopted (literalism, legalism, originalism and living constitution);
   • State Constitutional Law in Australia, including State legislative power, constitutional amendment and manner and form requirements, as well as the meaning of ‘continuing’ constitutional status of the Australian States and their constitutions;
   • the composition and role of the Federal Executive, particularly the Commonwealth Government and the role of the Governor General;
   • the role and composition of the Commonwealth Parliament (House of Representatives and Senate); and
   • the nature and structure of the Federal Judiciary (including separation of power principles that have been developed by the High Court as implications from Chapter III of the Commonwealth Constitution).
2. Critically analyse federal theory and the Australian federal system.
3. Explain key principles of constitutional theory and analyse the Australian federal system as well as the role of the High Court in shaping Commonwealth-State powers.
4. Formulate and defend a cogent thesis that critically evaluates contemporary constitutional law, demonstrating clear and concise written expression and AGLC referencing.

Subject Content

1. Introduction to Constitutional Law
2. Australian Constitutionalism
3. Constitutional Interpretation – Part 1
4. Constitutional Interpretation – Part 2
5. Federal Theory
6. Australian Federalism
7. State Constitutional Law
8. The Federal Parliament
9. The Federal Executive – Part 1
10. The Federal Judiciary – Part 1
11. The Federal Judiciary – Part 2
12. The Federal Judiciary – Part 2
13. Examination

This course may be offered in the following formats

Face to Face on site

Please check the timetable to see when this subject will next be offered at Alphacrucis University College.

Assessment Methods

1. Class Participation (15%)
2. Class Presentation (15%)
3. Research Essay (20%)
4. Final Examination (50%)

Prescribed Text

• Nicholas Aroney et al, The Constitution of the Commonwealth of Australia: History, Principle and Interpretation (Cambridge University Press, 2015)  
• John Trone, Moens, Lumb and Trone’s The Constitution of the Commonwealth of Australia (LexisNexis, 10th ed, 2021)  
• Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 

Check with your instructor before purchasing any textbooks