Federal and State Constitutional Law

Overview

This unit enables students, through the study of cases, statutes and other materials, to acquire a comprehensive knowledge and understanding of, and competence in, Australian constitutional law. This unit introduces students to the Victorian Constitution and the matters covered in the Commonwealth Constitution. Its focus is the Australian federal system; in particular, the composition and legislative powers of the Commonwealth Parliament, the executive and judicial powers of the Commonwealth and the role and position of the states and the laws they make.

Learning outcomes

Teaching methods

Hawthorn

Assessment

Content

• The powers and responsibilities of the legislative, judicial and executive branches of government under the Constitution Act 1975 (Vic)
• Australia’s federal system
• The composition and operation of the Commonwealth Parliament
• The legislative power of the Commonwealth
• Constitutional interpretation and characterisation
• Inconsistency between Commonwealth and state law
• The judicial power of the Commonwealth and the separation of powers doctrine
• The executive power of the Commonwealth
• The role and power of the states and territories
• Constitutional change