This course continues students’ exposure to the field of public law, to which they have been earlier introduced in LAWS1141: Principles of Public Law. In LAWS2150 students engage with the intellectual debates surrounding methods of constitutional interpretation, before embarking on a study of the scope of specific Commonwealth legislative powers of importance in the contemporary operation of Australia’s federal system. The course also examines the effect of express and implied constitutional limitations upon the powers of government – particularly those which protect civil and political rights. Understanding of the scope of valid legislative action is developed through application of propositions of constitutional law to actual and hypothetical legislative instruments.
Fundamentals of Australian Constitutional Law
The High Court and Constitutional Interpretation
The High Court and Characterisation
Inconsistency of Laws
The External Affairs Power
The Trade and Commerce Power
The Corporations Power
The Races Power
The Defence Power
The Taxation Power – What is a Tax?
Fiscal Federalism and the Grants Power
Trial by Jury and Freedom of Religion
Freedom of Interstate Trade and Commerce
Freedom of Political Communication
Judicial Power & Detention
The Federal Compact: the Melbourne Corporation Principle
Please note that the University reserves the right to vary student fees in line with relevant legislation. This fee information is provided as a guide and more specific information about fees, including fee policy, can be found on the fee website.
For advice about fees for courses with a fee displayed as "Not Applicable", including some Work Experience and UNSW Canberra at ADFA courses, please contact the relevant Faculty.
Where a Commonwealth Supported Students fee is displayed, it does not guarantee such places are available.