LAW4112 Advanced constitutional law
Faculty of Law
LAW4112 Advanced constitutional law is a level 4, 6-credit-point, undergraduate unit from the Faculty of Law, offered in 2020 in Semester 2 at Clayton. It has no prerequisites.
- Credit points
- 6
- Offered in 2020
- Semester 2
- Clayton
- Assessment
- Exam 50%
- and 1 other task
- Workload
- 144 hours
- per semester
This is the 2020 handbook entry. See the 2027 entry.
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Requisites
Before LAW4112
No prerequisites or corequisites besides the enrolment rules below.
After LAW4112
No unit lists LAW4112 as a prerequisite in the 2020 handbook.
Enrolment rules
Corequisite:
- For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112
Prerequisite:
- For students who commenced their LLB (Hons) course in 2015 or later: LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2111
- For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3200 OR LAW3201
Overview
This unit focuses on issues in Australian constitutional law that are not covered in depth in either Principles of Public Law and Statutory Interpretation (LAW1112), or Constitutional Law (LAW 3201). Issues will be selected for examination depending on their current theoretical or practical importance. Examples include methods of constitutional interpretation (including tensions between the framers' original intentions and contemporary values); the nature of implications drawn from the Constitution; express constitutional rights (trial by jury and freedom of religion); compulsory acquisition of property; the separation of powers as source of implied rights; the "races power"; the defence power both in war and peace; parliamentary privilege; and the process of constitutional amendment. Other issues that acquire public prominence from time to time, such as proposals for constitutional amendment, may also be examined. Comparisons with the constitutional law of other jurisdictions will be considered where appropriate.
Offerings in 2020
| Teaching period | Campus | Mode |
|---|---|---|
| Second semester | Clayton | On campus |
Assessment
- Research assignmentAssignment50%
- Final examinationExam50%
Learning outcomes
When you finish this unit, you should be able to:
- 1
Demonstrate an advanced understanding of the nature of constitutional law and constitutional interpretation in Australia, and especially its fundamental constitutional principles;
- 2
Demonstrate the intellectual and practical skills needed in the complex process of constitutional interpretation.
- 3
Articulate and critically examine contemporary issues relating to the Australian constitutional system;
- 4
Demonstrate an advanced ability to evaluate the role and functioning of the High Court in contemporary Australian society, and its relationship with the elected branches of government;
Workload and teaching
- Workshops36 hours
- Teaching approachActive learning
Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Contacts
- Chief Examiners
- Emeritus Professor Hoong Lee
Common questions
What are the prerequisites for LAW4112?
LAW4112 has no prerequisites, but enrolment rules apply.
When is LAW4112 offered?
In 2020, LAW4112 runs in Semester 2 at Clayton.
How much work is LAW4112?
The handbook expects about 144 hours of study across the semester. No students have rated its difficulty yet.
Does LAW4112 have an exam?
Yes. The exam is worth 50% of the final mark, alongside 1 other task.