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LAW UNSW : University of New South Wales, Faculty of Law - Sydney Australia





 


 
Federal Constitutional Law  - LAWS2150 



Overview

Units of Credit: 6


Description

This subject aims to introduce students to the fundamentals of federal constitutional law. Students will acquire specific knowledge about particular legislative powers of the Commonwealth and States and the express and implied limitations arising from the Constitution upon those powers. In doing so, students should gain an understanding of both the underlying principles and doctrines which are necessary for the successful operation of the Australian federation and approaches to constitutional interpretation on the High Court of Australia.

Information for Current UNSW Law Students
Course Outline


Objectives

At the completion of this course, students will have developed an understanding of:
  • The nature and elements of the Commonwealth Constitution
  • The role and methods of the High Court in interpreting the Constitution
  • The relationship between the parties to the Australian Federation
  • The scope of specific grants of legislative power to the Commonwealth
  • Those rights and freedoms guaranteed by the Constitution
  • The arguments in favour of and against constitutional reform
As well as:
  • An ability to cogently discuss these concepts in a scholarly and persuasive manner
  • Further development of problem-solving skills



Main Topics

  • Fundamentals of Australian Constitutional Law
  • The High Court and Constitutional Interpretation
  • The High Court and Characterisation
  • Inconsistency of Laws
  • The External Affairs Power
  • The Races Power
  • The Corporations Power
  • The Defence Power
  • The Aliens Power
  • The Taxation Power â?? What is a Tax?
  • Fiscal Federalism
  • Freedom of Interstate Trade and Commerce
  • Trial by Jury and Freedom of Religion
  • Freedom of Political Communication
  • Judicial Power & Detention
  • The Federal Compact: the Melbourne Corporation Principle
Class Timetable

Online Handbook

Academic Calendar



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Faculty of Law, UNSW Sydney NSW 2052, Australia  Telephone: +61 2 9385 2227 Fax: +61 2 9385 1175 Email: law@unsw.edu.au
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