Advanced Constitutional Law (LAWS90161)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 2
Teaching staff:
Scott Stephenson (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Semester 2 |
|---|---|
| Fees | Look up fees |
This subject studies a select number of advanced topics in the field of constitutional law. It builds on the concepts and ideas introduced in Principles of Public Law and Constitutional Law. The focus of study will be the Australian constitutional system, but the subject will draw on insights from other jurisdictions. The subject thus also provides an introduction to the field of comparative constitutional law, which seeks to understand and evaluate the purposes and functions of constitutions using comparative analysis.
The aim of the subject is to interrogate a number of fundamental questions that arise in the field of constitutional law. Should a constitution have a bill of rights and, if so, which type? How should courts decide cases? What checks and balances should be imposed on the exercise of public power? Are constitutions effective at protecting human rights and democratic government? How easy should it be for future generations to amend a constitution? The subject will study these questions by drawing on relevant scholarly writings and judicial decisions.
The first part of the subject will investigate one of the bedrock principles of the Australian Constitution: judicial review. It will consider whether it is legitimate for courts to review primary legislation for compatibility with the Constitution. In doing so, it will investigate why this issue has a different degree of salience in the United States. This comparison will provide an opportunity to consider the potential benefits and methodological difficulties associated with the study of comparative constitutional law.
The second part of the subject will examine a range of structural features of the Australian Constitution. In particular, it will analyse the justifications for, and specific aspects of, federalism and the separation of powers. This analysis will be supplemented by consideration of these features in other countries such as Canada, Germany, the United Kingdom, and the United States.
The third part of the subject will examine a range of rights-related features of the Australian Constitution. In particular, it will consider some of the provisions not considered in detail in Principles of Public Law and Constitutional Law, such as trial by jury (s 80) and freedom of religion (s 116), and what challenges might arise if a bill of rights was to be included in the Constitution. This part will look at the lessons that can be taken from the experience of countries such as Canada, India, New Zealand, South Africa, and the United Kingdom.
Intended learning outcomes
A student who has successfully completed this subject will:
- have a comprehensive understanding of the different purposes and functions of the Australian Constitution;
- be able to identify in detail the benefits and challenges of undertaking comparative constitutional law analysis;
- have the ability to engage, in a nuanced and sophisticated manner, in doctrinal, theoretical and comparative analysis of constitutional structures and doctrines;
- be able to critically examine, analyse, and assess the role that different constitutional design choices have on the operation of a system of government;
- be able to critically examine, analyse, and assess the different approaches to interpreting the Australian Constitution; and
- be able to demonstrate autonomy, expert judgment and cultural sensitivity as a practitioner and learner in the fields of Australian and comparative constitutional law.
Generic skills
- On completion of the subject, a student will have developed and demonstrated their skills in the following areas: • cognitive skills to demonstrate mastery of theoretical knowledge and critical reflection in the context of academic and professional debates about the design and interpretation of constitutions; • cognitive, technical and creative skills to generate and evaluate complex ideas and concepts at an abstract level and the ability to translate those abstract ideas and concepts and apply them to practical problems and in assessment tasks; • communication and technical research skills to justify theoretical propositions, methodologies, conclusions and professional decisions to specialist audiences in the context of scholarly writing and/or professional advice in assessment tasks; • specialised ability to engage with primary legal materials from a wide variety of jurisdictions; and • highly developed intercultural sensitivity and understanding.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
Admission into the MC-JURISD Juris Doctor
AND
All of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
| LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1, Part 1: Research paper on a topic devised by the student and approved by the subject coordinator
| Mid semester | 50% |
Option 1, Part 2: Take-home examination
| During the examination period | 50% |
Option 2: Take-home examination
| During the examination period | 100% |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
The due dates of assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator Scott Stephenson Mode of delivery On Campus (Parkville) Contact hours 36 Total time commitment 150 hours Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 28 July 2025 to 26 October 2025 Last self-enrol date 8 August 2025 Census date 1 September 2025 Last date to withdraw without fail 26 September 2025 Assessment period ends 21 November 2025 Semester 2 contact information
Teaching staff:
Scott Stephenson (Subject Coordinator)For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025