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Unit of study_

Federal Constitutional Law - LAWS2011

The main objective of the course is to impart an understanding of the fundamentals of federal constitutional law through the study of key judicial decisions on powers and prohibitions in the Commonwealth Constitution. In a one session course it is neither feasible nor desirable to study all aspects of federal constitutional law. The course is designed to provide a general conceptual framework for solving problems about federal constitutional law by a detailed treatment of selected topics. The course also aims to: - Provide analysis of the function of the High Court as the final arbiter of constitutionality. - Develop an understanding of the techniques of judicial review as applied in Australia. - Encourage discussion on the adequacy of the Constitution as Australia's basic instrument of government and on the scope for 'reform' by interpretation. The topics covered in detail include: The basic principles of constitutional interpretation (in relation to which the trade and commerce power will be used to illustrate); inconsistency between Commonwealth and State laws; Commonwealth legislative power including, in addition to trade and commerce as above, external affairs, corporations, defence, tax and revenue powers, grants, excise; and prohibitions on Commonwealth legislative power such as freedom of interstate trade, the implied freedom of political communications and the principles of intergovernmental immunity.

Classes
2x2hr lectures/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream)

Assessment
Compulsory problem assignment (30%) and final 2 1/2hr exam (70%) (daytime stream), Optional assignment (20%) and 2hr final open-book exam (80% or 100%) (evening stream)

Textbooks
PA Gerangelos et al, Winterton's Australian Federal Constitutional Law, (4th ed 2017)

Additional information
Students who enrol in the evening stream should consult and be guided by the unit description for LAWS5011 as the evening stream will follow precisely the course outline and structure, including assessment regime, of that unit. The present description applies only to students enrolled in the daytime stream of LAWS2011.

Pre-requisites

LAWS1021

Prohibitions

LAWS1004 or LAWS3000 or LAWS3003 or LAWS5011

Details

Faculty: Sydney Law School

Semester 1

25 Feb 2019

Department/School: Law
Study Mode: Normal (lecture/lab/tutorial) day
Census Date: 31 Mar 2019
Unit of study level: Intermediate
Credit points: 6.0
EFTSL: 0.125
Available for study abroad and exchange: Yes
Faculty/department permission required? No
Location
Camperdown
Faculty: Sydney Law School

Semester 1

25 Feb 2019

Department/School: Law
Study Mode: Normal (lecture/lab/tutorial) evening
Census Date: 31 Mar 2019
Unit of study level: Intermediate
Credit points: 6.0
EFTSL: 0.125
Available for study abroad and exchange: Yes
Faculty/department permission required? No
Location
Camperdown
More details
Unit of Study coordinator: Professor Peter Gerangelos (daytime stream), Professor Anne Twomey (evening stream)
HECS Band: 3
Courses that offer this unit

Non-award/non-degree study If you wish to undertake one or more units of study (subjects) for your own interest but not towards a degree, you may enrol in single units as a non-award student. Cross-institutional study If you are from another Australian tertiary institution you may be permitted to undertake cross-institutional study in one or more units of study at the University of Sydney.

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