Australian Constitutional Cultures (LAWS90322)

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.  

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.