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LWZ204 - Constitutional Law

2024

Sector

Higher Education

Discipline

Law

Credit Points

Equivalent Units

Prerequisites

Must have passed 1 unit in (LWZ111, LWZ115) OR
Must have passed 1 unit in (LWZ001) OR
Must have passed 1 unit in (LWZ100A) AND Must have passed 1 unit in (LWZ100B)

Incompatible

Assumed Knowledge

Unit Description

The aim of this unit, which covers the Priestly 11 requirements, is to impart an understanding of the fundamentals of Australian federal constitutional law through the study of key concepts and institutions including constitutionalism, the rule of law, responsible and representative government, federalism, separation of powers, the Parliament, the Executive, the Judiciary, and the nature of judicial power.
Students will achieve an appropriate level of professional mastery of specific aspects of Commonwealth, State and Northern Territory constitutional structures, principles and case law; and will analyse the operation and relationships between the different arms of government (eg. inconsistency of Commonwealth and State laws, intergovernmental immunities, the distribution of fiscal powers, and the control of economic and commercial activities).
Topics examined in this unit include:

State constitutions and constitutional systems.
The Commonwealth Constitution and constitutional system.
The constitution and operation of the legislature, executive and judiciary.
The relationship between the different institutions of government and the separation of powers.
The relationship between the different levels of government.

This unit will include a comparative transnational and/or international element, where appropriate.

Unit Learning Outcomes

1.	Identify, discuss and analyse the important themes in Australian constitutional law and the impact of events that have changed, and continue to change political, economic and social relationships impacting constitutional law.
2.	Analyse and evaluate the basic structure of Australia's Constitution and some of its central features such as separation and division of powers and responsible and representative government.
3.	Critically evaluate constitutional law concepts and legal mechanisms by which government and parliamentary powers are controlled and limited in Australia. This includes an understanding of the principles, case law and legislation underpinning constitutional law, and an engagement with the broader international, transnational and comparative context.
4.	Identify, discuss and critically analyse the major features, principles and case law of Australia as federal constitutional system, and its impact upon the Northern Territory.
5.	Apply legal problem solving skills by using constitutional principles and case law in providing advice in hypothetical problem and actual case law situations.
6.	Communicate in ways that are persuasive and effective for legal and non-legal audiences, in written and oral form, in Constitutional law context

Assessment Overview

	Assessment Task	Value (of total mark)	Related Learning Outcome/s
1.	Written response (250 words)	5%	2 - Analyse and evaluate the basic structure of Australia's Constitution and some of its central features such as separation and division of powers and responsible and representative government. 3 - Critically evaluate constitutional law concepts and legal mechanisms by which government and parliamentary powers are controlled and limited in Australia. This includes an understanding of the principles, case law and legislation underpinning constitutional law, and an engagement with the broader international, transnational and comparative context.
2.	Research Assignment (2,000 words)	35%	1 - Identify, discuss and analyse the important themes in Australian constitutional law and the impact of events that have changed, and continue to change political, economic and social relationships impacting constitutional law. 4 - Identify, discuss and critically analyse the major features, principles and case law of Australia as federal constitutional system, and its impact upon the Northern Territory. 5 - Apply legal problem solving skills by using constitutional principles and case law in providing advice in hypothetical problem and actual case law situations. 6 - Communicate in ways that are persuasive and effective for legal and non-legal audiences, in written and oral form, in Constitutional law context
3.	Exam (open book, 3-4 hours)	60%	1 - Identify, discuss and analyse the important themes in Australian constitutional law and the impact of events that have changed, and continue to change political, economic and social relationships impacting constitutional law. 2 - Analyse and evaluate the basic structure of Australia's Constitution and some of its central features such as separation and division of powers and responsible and representative government. 3 - Critically evaluate constitutional law concepts and legal mechanisms by which government and parliamentary powers are controlled and limited in Australia. This includes an understanding of the principles, case law and legislation underpinning constitutional law, and an engagement with the broader international, transnational and comparative context. 4 - Identify, discuss and critically analyse the major features, principles and case law of Australia as federal constitutional system, and its impact upon the Northern Territory. 5 - Apply legal problem solving skills by using constitutional principles and case law in providing advice in hypothetical problem and actual case law situations. 6 - Communicate in ways that are persuasive and effective for legal and non-legal audiences, in written and oral form, in Constitutional law context

Unit Availability

Year	Semester	Att Mode	Location	Learning Method	Timetable*
2024	Semester 2	Internal	CDU Waterfront Darwin	OLR	View
2024	Semester 2	External	External Studies	OLR	View

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OLR: Internet access is required for this unit as students are required to access study materials provided on-line through Learnline. Please log into Learnline on the first day of each teaching period. For more information about Learnline, please click here.

Critical Dates

Important Dates for Students

Fee Information:
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Student Services and Amenities Fees
2024 Domestic Unit Fees (PDF)