Key facts
UNE unit code: LLM502
*You are viewing the 2025 version of this unit which may be subject to change in future.
- Not offered in 2025
- Yes
- No
- No
- 6
Unit information
This unit comprises a consideration and critical analysis of contemporary constitutional issues emerging from the 'Commonwealth Constitution' and the role of the High Court of Australia in constitutional adjudication. Topics will be selected from contemporary issues such as an Australian republic and constitutional formation, the Races power (including indigenous recognition and a voice to Parliament/Government), the Defence power (including responses to terrorism and national security), the Territories power (including NT statehood and Commonwealth interventions in the territories) and the relationship between international law and constitutional law.
Further topics include the Australian bill of rights and constitutional reform; revising and reconstructing federalism; public interest advocacy; interveners and 'amicus curiae' in the High Court; practical and current litigation issues in the High Court; constitutional interpretive methods and biography of selected High Court Justices and particular jurisprudential eras and courts of the High Court.
All topics have a distinct focus on the political and historical contexts in which they have emerged. Contemporaneous constitutional issues emerging before the High Court will also be considered.
Intensive schools
There are no intensive schools required for this unit.
Enrolment rules
Notes
Please refer to the student handbook for current details on this unit.
Unit coordinator(s)
Learning outcomes
Upon completion of this unit, students will be able to:
- demonstrate a command of, and coherent understanding of, the detailed principles and cases in the selected individual contemporary topics in Australian constitutional law;
- refine and apply legal skills of constitutional interpretation, characterisation and recognition of the constitutional judicial role in selected individual contemporary topics in Australian constitutional law;
- critically analyse majority and minority High Court judgements concerning selected constitutional provisions and principles with a clear appreciation of the present development, identifiable and likely consequences of the decisions and possible future evolution of constitutional law;
- develop a clear and critical appreciation of the interrelationship of the High Court's final interpretive role with the scope of Parliamentary and Executive Power in Australia and their relationship to both the citizen and in the continuing evolution of Federal and State legal and political relations;
- appreciate the legal, political, public policy and historical contexts and interests in which High Court constitutional adjudication occurs; and
- appreciate the range of judicial choices available in constitutional adjudication and development and the formative influences upon High Court justices in discharging their Chapter III judicial role, including interpretive constitutional reform in that role.
Assessment information
Assessments are subject to change up to 8 weeks prior to the start of the teaching period in which you are undertaking the unit.
Title | Must Complete | Weight | Offerings | Assessment Notes |
---|---|---|---|---|
Assignment 1 | No | 40% | All offerings | Research Exercise No. Words: 2500 |
Take Home Exam | Yes | 60% | All offerings | Conducted by the School of Law and to be completed within 48 hours No. Words: 2500 |
Learning resources
Textbooks are subject to change up to 8 weeks prior to the start of the teaching period in which you are undertaking the unit.
Note: Students are expected to purchase prescribed material. Please note that textbook requirements may vary from one teaching period to the next.
Federal Constitutional Law: A Contemporary View
ISBN: 9780455232959
Joseph, S. and Castan, M., Thomson Reuters 4th ed. 2014
Text refers to: All offerings
Blackshield and Williams Australian Constitutional Law and Theory
ISBN: 9781862879188
Williams, G., Brennan, S. and Lynch, A., Federation Press 6th ed. 2014
Text refers to: All offerings
Australia's Constitution: With Overview and Notes by the Australian Government Solicitor
ISBN: 9781742293431
Commonwealth of Australia, Department of the Senate 10th ed. 2018
Text refers to: All offerings
Note: Recommended material is held in the University Library — purchase is optional.
Principles of Australian Consitutional Law
ISBN: 9780409333640
Keyzer, P., LexisNexis Butterworths 4th ed. 2013
Text refers to: All offerings
Constitutional Law in Australia
ISBN: 9780409327137
Hanks, P., Gordon, F. and Hill, G., LexisNexis Butterworths 3rd ed. 2012
Text refers to: All offerings
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