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.
Requisites
75 credit points in law units
01-June-2025
08-June-2025
08-February-2026
Learning outcomes
Students who successfully complete this unit will be able to:
- Identify the core principles of federal and state constitutional law to solve factual legal problems
- Demonstrate an ability to develop a sustained legal argument both orally and in writing in a logical and effective way with particular regard to the cultural context and social and political impact of constitutional law
- Locate and apply relevant case law and legislative provisions to solve factual legal problems relating to the law of torts
- Analyse judgments from the High Court of Australia and other superior courts that deal with constitutional causes of action
Teaching methods
Hawthorn
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| On-campus Class | 3.00 | 12 weeks | 36 |
| Online Lecture | 1.00 | 12 weeks | 12 |
| Unspecified Activities Independent Learning | 8.50 | 12 weeks | 102 |
| TOTAL | 150 |
Swinburne Online
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| Online Directed Online Learning and Independent Learning | 11.50 | 12 weeks | 138 |
| Live Online Class | 1.00 | 12 weeks | 12 |
| TOTAL | 150 |
Assessment
| Type | Task | Weighting | ULO's |
|---|---|---|---|
| Examination | Individual | 50 - 70% | 1,2,3,4 |
| Research Assignment | Individual | 30 - 50% | 1,2,3,4 |
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
Study resources
Reading materials
A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.