Australian Constitutional Cultures (LAWS90322)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
October
Teaching staff:
Cheryl Saunders (Subject Coordinator)
Tim Goodwin
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | October |
|---|---|
| Fees | Look up fees |
This subject examines the significance of culture for the pre-history, history, form and meaning of the Australian Constitution, its operation in practice and its evolution over time. It focusses in particular on the implications for the Constitution of First Nations cultures in Australia, the ways in which those implications have been manifested over time, current understandings, and future challenges. This relationship is reciprocal.
In this subject we will also explore the implications of the Constitution and the other cultural influences to which it is subject for First Nations cultures. For our purposes, both Constitution and culture are broadly understood. The terminology of Constitution also encompasses important norms and practices outside the written instrument, in the broader field of public law. Culture is understood to include not only tangible evidence of traditional law, custom and practice but also the shared suppositions and assumptions that animate people in a cultural community, both generally and when they interact with constitutional rules and norms.
Engaging with culture raises methodological challenges , some of which are endemic to any study of culture, some of which are exacerbated by disruption and displacement. To achieve its aims, our subject will canvass a range of conceptual issues including legal and constitutional pluralism, constitutional identity, and self-determination. We explore different cultural perspectives on issues such as sovereignty, legitimacy, authority and the nature of a Constitution. Much of the material will be examined through the lens of important contemporary debates, including citizenship, ownership, heritage protection, reconciliation, recognition, truth-telling and treaty.
Indicative list of principal topics:
- First Nations constitutionalism
- The meaning and properties of culture
- Cultural pluralism in Australia
- Cultural perspectives on the Australian Constitution
- Evolution of Australian constitutional culture(s)
- Contemporary debates: citizenship; ownership; heritage protection, reconciliation, recognition, truth-telling and treaty.
- The future of Australian constitutional identity.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Analyse the meaning and properties of culture, generally and in the context of the Australian Constitution.
- Assess the methodological challenges of dealing with culture in the Australian constitutional culture and propose effective solutions.
- Explain cultural pluralism and its potential implications for a constitution.
- Compare different cultural perspectives on key constitutional concepts and developments in Australia, and test their implications.
- Interpret and analyse the significance of culture for selected contemporary debates.
- Evaluate the potential role of culture in managing future constitutional challenges and formulate strategies to address these challenges.
Generic skills
- The ability to investigate, evaluate, synthesise and apply understanding of culture in the Australian constitutional context.
- Well-developed problem solving abilities in this field.
- Advanced competencies in legal research and analysis in matters involving culture and public law.
- The capacity to effectively communicate complex legal ideas in this area.
- Appreciation of the design, conduct and reporting of original research in this field.
- Understanding of the significance and value of knowledge about the interaction of culture and constitutions.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
A good understanding of the Australian constitutional and legal system is highly desirable. Students who do not have this background should consult the subject co-ordinator before enrolling in the subject.
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: Take-home Exam
| 5 - 8 December 2025 | 100% |
OPTION 2: Research Paper
| 14 January 2026 | 100% |
| Hurdle requirement: A minimum of 75% attendance is required. | N/A |
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.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- October
Principal coordinator Cheryl Saunders Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 24 September 2025 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 22 October 2025 to 28 October 2025 Last self-enrol date 29 September 2025 Census date 24 October 2025 Last date to withdraw without fail 5 December 2025 Assessment period ends 16 January 2026 October contact information
Teaching staff:
Cheryl Saunders (Subject Coordinator)
Tim Goodwin
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
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Government Law Course Master of Laws Course Graduate Diploma in Laws Course Master of Public and International Law Course Juris Doctor - 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
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025