LAWS6001 - Advanced Constitutional Law

Objectives

  • Examine in depth the fundamental aspects and tenets of “constitutionalism” in the Australia context, with some comparative analysis.
  • Examine the evolving notion of parliamentary supremacy from Diceyan orthodoxy to the more recent debates involving leading constitutional scholars in the UK and Australia.
  • Examine in detail the three main branches of government (Australia, the US and the UK) from a constitutional perspective.

Content

The more precise context of Westminster-based systems: the rule of law; parliamentary sovereignty; judicial review and constitutional rights; separation of powers; federalism; constitutional conventions; the status of common law principles as fundamental constitutional guarantees; specific performance; interim injunctions for reinstatement.

Session

Semester 2 2010
Monday evenings, 6-8pm

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Assessment

  • 1 x 7,000 Word Research Essay (100%)

Assumed Knowledge

This unit is only available to candidates who have completed an undergraduate law degree from a recognised Australian university, and having completed the undergraduate compulsory unit, Federal Constitutional Law.

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Global Law | Master of Administrative Law and Policy | Master of Jurisprudence | Graduate Diploma in Juriprudence