Offered
Clayton Second semester 2008 (Day)
Synopsis
The course focuses on selected contemporary problems in Australian constitutional law, with a comparative dimension where appropriate. Topics include in-depth analysis of the current status of the implied freedom of political communication and its outer limits; separation of judicial power doctrine as a new springboard for implied rights, with emphasis on the principle in Kable; the 'proportionality' doctrine in constitutional adjudication; the defence power and the 'stream cannot rise above the source' doctrine in the 'war on terror' context; a comparative study of constitutionalised emergency powers; the High Court appointments and removal of justices, its role, methods and techniques.
Objectives
On completion of this unit students should
- have extended their basic understanding of Australian constitutional principles;
- have acquired an appreciation of contemporary issues relating to the constitutional system;
- be able to evaluate critically the role and functioning of the High Court in contemporary Australian society; and
- have developed a greater appreciation of the complex task of constitutional interpretation, with particular emphasis on fundamental doctrines.
Assessment
Research assignment (4000 words): 50%
Examination (2 hours
30 minutes reading time): 50%
Contact hours
Three hours of lectures per week
Prerequisites
LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3200/LAW3201
