Course overview
The course aims to introduce and deepen students’ knowledge of Australian constitutional law as primarily governed by the Australian Constitution, and to a more limited extent, the South Australian Constitution. Students will engage in learning activities that require identification and application of constitutional law principles to contemporary issues. This requires demonstrating an understanding of the interpretive approaches of the High Court to the Australian Constitution; a recognition of fundamental constitutional doctrines including federalism as a governing norm in the interactions between states and between the states and the Commonwealth; the separation of powers doctrine; and the recognition of Aboriginal people under the Constitution.
Constitutional law is a compulsory law course designed to prepare students in the original jurisdiction of the High Court where constitutional challenges reflect the intersection of law and politics in modern Australia.
- Federalism
- Rights and Limits on Power
- Separation of Powers & Implications of Federalism
Course learning outcomes
- Critique High Court constitutional law decisions in the context of theories of constitutional interpretation and the development of constitutional law.
- Apply principles of constitutional law in both the Commonwealth and South Australian systems, using legal reasoning to solve complex problems.
- Articulate constitutional law principles and create legal argument in both written and oral forms, reflecting professional legal standards and effective communication techniques
- Evaluate the interaction between constitutional law principles and the historical and social contexts in which those principles develop, including the implications for Aboriginal and Torres Strait Islander peoples.