Details for LAW202 Constitutional Law 2

Commonwealth power reaches only as far as the Constitution allows. Constitutional Law 2 examines the legislative and financial powers of the Commonwealth Parliament, from corporations and external affairs to taxation, trade and commerce. You’ll analyse express and implied freedoms, including religion, just terms, political communication and the right to vote, and how constitutional change happens. You’ll finish ready to extract principles from leading cases and apply them with critical judgement.

Quick Stats

• Currently offered by Alphacrucis: Yes
• Course code: LAW202
• Credit points: 10

Subject Coordinator

Prerequisite

LAW201 Constitutional Law 1  

Unit Content

Outcomes

1. Extract the principles of constitutional law on which leading cases are decided
2. Explain the legislative powers of the Commonwealth Parliament (including an overview of the defence power, corporations’ power, external affairs power, and the trade & commerce power).
3. Describe the financial powers of the Commonwealth Parliament (including taxation, excise and grants)
4. Apply critical judgement when interpreting the operation of express constitutional freedoms, in particular:
   • Freedom of interstate trade;
   • Freedom of religion;
   • The acquisition of property on just terms requirement;
   • The implied freedom of political communication; and
   • The implied right to vote;
5. Analyse the process of constitutional change through judicial interpretation and referenda.

Subject Content

1. Characterising Commonwealth Powers
2. External Affairs Powers
3. Defence Power & Races Power
4. Corporations Power
5. Taxation Power
6. Additional Financial Powers
7. Trade and Commerce Power, and Freedom of Interstate Trade & Commerce
8. Constitutional Freedoms: Freedom of Religion
9. Constitutional Freedoms: Acquisition of Property on Just Terms and Trial by Jury
10. Constitutional Freedoms: Implied Freedom of Political Communication
11. Constitutional Change
12. Subject Revision
13. Examination Week

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 and Viva (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)  
• Gabriël A Moens and John Trone, Lumb and Moens’ The Constitution of the Commonwealth of Australia (LexisNexis, 9th ed, 2016)  
• 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