Constitutional Law (UniSA)

While studying Constitutional Law, students will examine key aspects of the Commonwealth Constitution and its judicial interpretation by the High Court. This course builds on students' previous public law knowledge to examine the organisational structure, source and limits of Commonwealth and State powers, and the relationship between the three branches of government at both levels of government. Particular attention will be given to constitutional principles and foundations, the historical development of High Court decisions relating to the operation of the legislature, executive; immunities each branch of government enjoys against interference from the others, the nature of judicial review, as well as express and implied rights' jurisprudence. Constitutionalism in Australia. The fundamental principles of constitutional law including representative and responsible government, federalism, separation of powers and rule of law. The purpose and the High Court's interpretation of the Commonwealth Constitution. The scope of Commonwealth legislative power (s 51), and an examination of specific heads of power including, economic powers, the 'races' power and external affairs. Inconsistency between Commonwealth and State laws (s 109). Executive Power and the implied intergovernmental immunities' doctrine. The nature of judicial review and judicial independence at Commonwealth and State levels. Express and implied limitations on Federal and State powers in the Commonwealth Constitution.