Building on previous public law studies, particularly Australian Public Law, this course aims to deepen student understanding of key aspects of the Commonwealth Constitution and its judicial interpretation by the High Court. Particular attention will be paid to the historical, social and institutional forces which have helped shape the Constitution and the High Court's reading of it. The course includes:

• the historical, social and institutional context of Australian constitutional law
• the scope of Commonwealth legislative power, including a detailed examination of the trade and commerce power (s 51(i)), the corporations power (s 51(xx)) and the external affairs power (s 51(xxix)); the process of characterisation and the principle in the Communist Party Case
• inconsistency between Commonwealth and State laws (s 109)
• federal financial powers and economic union
• general principles and theories of interpretation; the Engineers Case and implied intergovernmental immunities
• an introduction to implied constitutional ‘rights', focusing on implications from representative government
• the nature of judicial review and the role of the High Court

At the conclusion of this course students should be able to:

•  demonstrate an understanding of
  • key aspects of the Commonwealth Constitution and its interpretation by the High Court
  • the main principles and theories of interpretation associated with the Commonwealth Constitution
  • the historical, social and institutional context of Australian constitutional law
• identify the constitutional issues that arise from a given set of facts
• distil propositions of law from constitutional cases and apply those propositions to construct persuasive legal arguments in response to legal problems
• comment critically on the High Court's interpretation of the Constitution and the historical, social and political forces that have shaped, and continue to shape, Australian constitutional law.

It is anticipated that this course will be assessed by a compulsory end of semester exam and some form of mid-semester assessment. Details of the final assessment, including the relationship between assessment and the learning outcomes for the course, will be provided on the course home page by the first week of semester.

There will generally be four hours of lectures per week. In some weeks, there will also be a one hour tutorial. Students are generally expected to devote approximately 10 hours overall per week to this course.

Australian Public Law LAWS1205.
Completed or completing five LAWS courses at 1000 level.

Information about prescribed texts will be made available in the course outline. See the course homepage.

This course is normally taken in the third year of a combined degree.