Constitutional Law PG (11437.2)

This unit introduces graduate students to Constitutional Law. This unit will provide students with an understanding of the principles of Australian constitutional law, including the Commonwealth and state/territory constitutions. The unit examines the operation of Australian constitutional law in its social and political context, particularly the Commonwealth Constitution. Students will gain familiarity with the composition of Parliament; the relationship between the executive, the legislature, and the judiciary; the legal and political relationship between the Commonwealth and the States and Territories; the implications of constitutional doctrine for the rights of individuals; the significance of the Constitution for Indigenous Australians; and current debates on constitutional reform.

Learning outcomes

After successful completion of this unit, students will be able to:
1. Analyse and explain Australia's adherence to fundamental constitutional principles including federalism, the rule of law, separation of powers, representative and responsible government and assess competing theories of constitutional interpretation;
2. Critique the social and historical context of Australian constitutional law, including the relationship between Aboriginal and Torres Strait Islander Peoples and the Australian constitutions;
3. Understand and apply distinctive methods of constitutional interpretation to solve problems regarding constitutional validity of Commonwealth, State or Territory laws, and exercise of executive and judicial power; and
4. Critically evaluate the role of constitutional law in shaping the social and political landscape, including constitutional reform and the protection of rights and freedoms.

Graduate attributes

1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - communicate effectively
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
2. UC graduates are global citizens - think globally about issues in their profession
2. UC graduates are global citizens - understand issues in their profession from the perspective of other cultures
2. UC graduates are global citizens - communicate effectively in diverse cultural and social settings
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - apply their knowledge to working with Indigenous Australians in socially just ways
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - communicate and engage with Indigenous Australians in ethical and culturally respectful ways
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - use Indigenous histories and traditional ecological knowledge to develop and augment understanding of their discipline

Prerequisites

11751 Legal Methods and Skills G AND 11752 Legal Systems G.

Corequisites

This unit is only available to students in the Juris Doctor, Master of Laws, Master of Legal Studies and Graduate Diploma in Legal Studies courses.

Incompatible units

11274 Constitutional Law

Equivalent units

7226 Constitutional Law G

Assumed knowledge

None.