UnitLevel 5Postgraduate

LAW5007 Principles of constitutional law

Faculty of Law

LAW5007 Principles of constitutional law is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2020. It has no prerequisites and unlocks 3 units.

Credit points
6
Offered in 2020
Other periods
Monash Law Chambers
Assessment
Exam 60%
and 1 other task

This is the 2020 handbook entry. See the 2027 entry.

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Requisites

Before LAW5007

No prerequisites or corequisites besides the enrolment rules below.

Enrolment rules

Prerequisite: LAW5000 or LAW5080 or LAW5081 and LAW5004 (for students beginning in 2015 or later)

Overview

The unit examines the Victorian and Australian Constitutions, the Statute of Westminster and the Australia Acts; the separation of judicial powers at State and Commonwealth levels; Australian federalism and inter-governmental relations, including the distribution of legislative and fiscal powers between the Commonwealth and the States, inconsistency of laws, and intergovernmental immunities; some principal Commonwealth legislative powers; limitations on governmental power, including selected express and limited constitutional rights and freedoms, and critical analysis of techniques and principles of constitutional interpretation.

Offerings in 2020

Teaching periodCampusMode
Trimester 1Monash Law ChambersOn campus
Trimester 2Monash Law ChambersOn campus
Trimester 3Monash Law ChambersOn campus

Assessment

  • Research assignment (3000 words)
    40%
  • Final Exam (2 hours and 30 minutes)
    60%

Learning outcomes

When you finish this unit, you should be able to:

  1. 1

    Analyse and critically evaluate the current state of Commonwealth and Victorian constitutional law and practice, and discuss reform issues;

  2. 2

    Analyse and critically evaluate judgments of the High Court of Australia and other Australian courts in constitutional cases, including from the perspectives of a. the interpretive techniques used, and b. the principles or policies underlying the relevant constitutional doctrines or provisions;

  3. 3

    Demonstrate sophisticated cognitive and creative skills to justify and interpret professional opinions relating to the constitutional validity of Commonwealth and Victorian legislation and executive actions, and to make reasoned and appropriate choices among alternatives;

  4. 4

    Select, analyse and apply constitutional law interpretive principles to generate appropriate jurisprudential and practical responses to complex legal issues;

  5. 5

    Communicate and collaborate effectively and persuasively; and

  6. 6

    Work with a high degree of autonomy, independence and professionalism

Workload and teaching

  • Seminars36 hours
  • Teaching approachActive learning

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

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
Dr Nadir Hosen
Dr Yee-Fui Ng
Associate Professor Luke Beck

Common questions

What are the prerequisites for LAW5007?

LAW5007 has no prerequisites, but enrolment rules apply.

What can I take after LAW5007?

LAW5007 is a prerequisite or corequisite for 3 units, including LAW5331, LAW5381 and LAW5422.

When is LAW5007 offered?

LAW5007 has no offerings listed in the 2020 handbook.

Does LAW5007 have an exam?

Yes. The exam is worth 60% of the final mark, alongside 1 other task.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 3
Study abroad
Not available