Handbook

Principles of Constitutional Law complements LAW1PPL, a subject that focuses on fundamental constitutional concepts. In addition to making possible the acquisition of a general knowledge of federal and state constitutional law in Australia, the present subject focuses on a number of important topics. They include the sources and limits of Commonwealth and state legislative power. A number of specific Commonwealth heads of power in the Commonwealth Constitution will be examined for this purpose and relevant interpretative (scope) and characterisation issues will be explored. Students will also consider interpretative and characterisation issues in relation to various restrictions on the heads of power, such as Chapter III judicial power and express and implied constitutional rights and freedoms. In addition, students will canvass how constitutional law deals with federal/state relations, including the interpretative approaches that apply where is an inconsistency of laws. This subject seeks to develop students’ constitutional problem-solving skills as well as aiming to further develop a theoretical appreciation of Australian constitutionalism.