Constitutional Law (LAWS50028)

Be able to apply knowledge of:

• Core provisions of the Australian Commonwealth and state constitutions, constitutional decisions and constitutional principles;
• The structure and operation of the Australian Commonwealth and state constitutions, in theory and practice;
• The relationship between the Australian constitution and Aboriginal and Torres Strait Islander peoples, and related proposals for constitutional reform;
• Constitutional skills and techniques, including constitutional interpretation and characterisation;
• The relevance of constitutional law to how governments address public policy issues and to how Commonwealth legislation is drafted and interpreted;
• The impact of constitutional law on the individual and different groups within society; and
• The main aspects of practice and procedure in constitutional litigation.

Be able to:

• Identify relevant constitutional law decisions and state and critically analyse the legal principles that emerge from them;
• Describe and critically analyse the fundamental principles of constitutional law;
• Apply constitutional law principles to new fact situations;
• Critically analyse the relationship between these legal principles and the fundamental principles of constitutional law;
• Develop arguments as to what legal principles should be applied when the relevant constitutional provisions or decisions are unclear or in conflict;
• Appraise the Australian Constitution and constitutional law in relation to Aboriginal and Torres Strait Islander peoples;
• Present these descriptions, analyses and applications of principles in the form of written and oral arguments that are appropriately structured, developed, supported and referenced; and
• Have enhanced general cognitive skills in relation to reading and comprehending legal materials; logical analysis and reasoning; legal research and writing; application of legal principles to factual situations; identifying relevant factual information; identifying and considering options to resolve legal problems; drawing on the knowledge of other disciplines to understand and resolve legal issues.

On completion of the subject, students should have developed the following generic skills:

• Attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage;
• The capacity for close reading and analysis of a range of sources;
• The capacity for critical and independent thought and reflection;
• The capacity to solve problems, including through the collection and evaluation of information;
• The capacity to communicate, both orally and in writing;
• The capacity to plan and manage time;

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:

Case reading and analysis, including an ability to:

• Read complex constitutional cases, including unedited cases in the law reports;
• Extract important features from judgments;
• Reconcile judgments;
• Evaluate the development of legal principles; and
• Apply legal principles arising from case law to new situations.

Statutory reading, interpretation and analysis, including an ability to:

• Extract important features from statutes (and in particular constitutions);
• Use, interpret and apply statutory (and in particular constitutional) provisions to new situations; and
• Apply the distinct principles of constitutional interpretation

Legal analysis and problem-solving, including an ability to:            

• Critically analyse legal rules with reference to fundamental principles;
• Identify and analyse constitutional issues arising in complex fact situations;
• Apply constitutional principles and provisions to unfamiliar fact situations; and
• Develop and present an appropriately structured and supported legal argument.

Legal research skills, including an ability to:         

• Find primary historical sources relevant to constitution-making and amendment;
• Find case law;
• Find statutes and constitutions;
• Find secondary sources; and
• Identify the most relevant and up-to-date primary and secondary sources and justify the research process.

Legal writing skills, including an ability to:

• Use case law as part of legal analysis;
• Use statutes and constitutions as part of legal analysis;
• Use secondary sources as part of legal analysis;
• Identify and summarise legal principles;
• Identify and summarise fundamental principles;
• Use proper referencing and citation; and
• Present an appropriately structured and supported complex legal argument in written and oral form.

Oral communication skills in participating in classroom problem solving and discussion; and

An ability to work in groups to solve problems and critically analyse legal materials in a classroom setting.