LLB203 Constitutional Law
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB203 |
|---|---|
| Prerequisite(s): | LLB105 or LLB107 |
| Equivalent(s): | LWB242 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 1 2024, Gardens Point, Internal
| Unit code: | LLB203 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB107 |
| Equivalent: | LWB242 |
| Coordinators: | Katrine Del Villar | k.delvillar@qut.edu.au Peta Stephenson | peta.stephenson@qut.edu.au |
Overview
Building on key principles of public law that were introduced in LLB107 Statutory Interpretation, this unit examines the structure, operation and main features of the Commonwealth and State constitutions. The unit considers how the principles of representative and responsible government, federalism, the separation of powers and the rule of law operate in Australia's constitutional system of government. It examines the relationships between the legislature, executive and judiciary in Australia and between the Commonwealth and the States. It also examines the scope of Commonwealth and State legislative power, Commonwealth executive power and the exercise of judicial power by federal and State courts. The unit also explores how the Australian Constitution limits the powers of the Commonwealth and the States. An understanding of constitutional law is required for admission into legal practice in Australia.
Learning Outcomes
On successful completion of this unit you will be able to:
- Describe the fundamental principles of constitutional law (CLO 1.1)
- Identify and evaluate relevant constitutional law decisions and apply the legal principles that emerge from them to solve problems and formulate considered legal opinions (CLOs 1.1, 2.1, 2.2)
- Analyse how constitutional law issues affect Aboriginal and Torres Strait Islander peoples in Australia (CLOs 1.2, 1.5)
- Use legal research skills to locate and evaluate relevant primary and secondary sources to inform legal analysis (CLO 3.1)
- Apply appropriate writing conventions to communicate legal reasoning effectively (CLO 4.1)
Content
The content of this unit includes:
- constitutionalism and the structure and operation of the Commonwealth and State constitutions
- principles of constitutional law
- principles of interpretation of the Commonwealth Constitution and characterisation of Commonwealth laws
- Commonwealth legislative power, including an examination of select subject matters in respect of which the Commonwealth Parliament can make laws
- constitutional limitations on Commonwealth legislative power
- State legislative power
- constitutional limitations on State legislative power, including the operation of s 109
- the executive and Commonwealth executive power
- courts and judicial power, including the separation of powers as it applies to judicial power at federal and State levels
- Aboriginal and Torres Strait Islander perspectives in relation to constitutional law
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in this unit will include:
- engagement in live lectures
- collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings
- discussions in live tutorials
- participation in tutorials that allows you to develop and practice your legal problem-solving skills
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:
- Interaction with the tutor and other students during discussions in weekly tutorials and the discussion forum on Canvas.
- Self-paced learning activities that enable you to test your understanding of the unit content and concepts.
- The individual and generic feedback provided on the unit's assessment items.
- The option of consultation with a member of the teaching team.
Assessment
Overview
In this unit you are graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Memorandum of Advice
Acting in the role of a junior solicitor, you will identify and apply relevant legal principles to a contemporary legal problem and prepare a memorandum of advice about a constitutional law issue/s. Your skills in legal research, analysis and writing will also be assessed.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Rebecca Ananian-Welsh, Sean Brennan, Andrew Lynch, Peta Stephenson, George Williams, Blackshield and Williams, Australian Constitutional Law and Theory: Commentary and Materials (Federation Press, 8th ed, 2024)
Recommended text(s)
Luke Beck, Australian Constitutional Law: Concepts and Cases (Cambridge University Press, 2nd ed, 2023)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO1, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of Advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of Advice, Examination - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO1, Memorandum of Advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Memorandum of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Memorandum of Advice
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO1, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of Advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of Advice, Examination - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO1, Memorandum of Advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Memorandum of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Memorandum of Advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO3, Memorandum of Advice - The application, operation and evolution of law in diverse, changing and global contexts
Relates to: ULO3, Memorandum of Advice - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of Advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of Advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Memorandum of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO5, Memorandum of Advice
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO3, Memorandum of Advice - The application, operation and evolution of law in diverse, changing and global contexts
Relates to: ULO3, Memorandum of Advice - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of Advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of Advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Memorandum of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO5, Memorandum of Advice
Unit Outline: Semester 1 2024, Online
| Unit code: | LLB203 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB107 |
| Equivalent: | LWB242 |
Overview
Building on key principles of public law that were introduced in LLB107 Statutory Interpretation, this unit examines the structure, operation and main features of the Commonwealth and State constitutions. The unit considers how the principles of representative and responsible government, federalism, the separation of powers and the rule of law operate in Australia's constitutional system of government. It examines the relationships between the legislature, executive and judiciary in Australia and between the Commonwealth and the States. It also examines the scope of Commonwealth and State legislative power, Commonwealth executive power and the exercise of judicial power by federal and State courts. The unit also explores how the Australian Constitution limits the powers of the Commonwealth and the States. An understanding of constitutional law is required for admission into legal practice in Australia.
Learning Outcomes
On successful completion of this unit you will be able to:
- Describe the fundamental principles of constitutional law (CLO 1.1)
- Identify and evaluate relevant constitutional law decisions and apply the legal principles that emerge from them to solve problems and formulate considered legal opinions (CLOs 1.1, 2.1, 2.2)
- Analyse how constitutional law issues affect Aboriginal and Torres Strait Islander peoples in Australia (CLOs 1.2, 1.5)
- Use legal research skills to locate and evaluate relevant primary and secondary sources to inform legal analysis (CLO 3.1)
- Apply appropriate writing conventions to communicate legal reasoning effectively (CLO 4.1)
Content
The content of this unit includes:
- constitutionalism and the structure and operation of the Commonwealth and State constitutions
- principles of constitutional law
- principles of interpretation of the Commonwealth Constitution and characterisation of Commonwealth laws
- Commonwealth legislative power, including an examination of select subject matters in respect of which the Commonwealth Parliament can make laws
- constitutional limitations on Commonwealth legislative power
- State legislative power
- constitutional limitations on State legislative power, including the operation of s 109
- the executive and Commonwealth executive power
- courts and judicial power, including the separation of powers as it applies to judicial power at federal and State levels
- Aboriginal and Torres Strait Islander perspectives in relation to constitutional law
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in this unit will include:
- engagement in live lectures
- collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings
- discussions in live tutorials
- participation in tutorials that allows you to develop and practice your legal problem-solving skills
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:
- Interaction with the tutor and other students during discussions in weekly tutorials and the discussion forum on Canvas.
- Self-paced learning activities that enable you to test your understanding of the unit content and concepts.
- The individual and generic feedback provided on the unit's assessment items.
- The option of consultation with a member of the teaching team.
Assessment
Overview
In this unit you are graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Memorandum of Advice
Acting in the role of a junior solicitor, you will identify and apply relevant legal principles to a contemporary legal problem and prepare a memorandum of advice about a constitutional law issue/s. Your skills in legal research, analysis and writing will also be assessed.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Rebecca Ananian-Welsh, Sean Brennan, Andrew Lynch, Peta Stephenson, George Williams, Blackshield and Williams, Australian Constitutional Law and Theory: Commentary and Materials (Federation Press, 8th ed, 2024)
Recommended text(s)
Luke Beck, Australian Constitutional Law: Concepts and Cases (Cambridge University Press, 2nd ed, 2023)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO1, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of Advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of Advice, Examination - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO1, Memorandum of Advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Memorandum of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Memorandum of Advice
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO1, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of Advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of Advice, Examination - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO1, Memorandum of Advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Memorandum of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Memorandum of Advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO3, Memorandum of Advice - The application, operation and evolution of law in diverse, changing and global contexts
Relates to: ULO3, Memorandum of Advice - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of Advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of Advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Memorandum of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO5, Memorandum of Advice
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO3, Memorandum of Advice - The application, operation and evolution of law in diverse, changing and global contexts
Relates to: ULO3, Memorandum of Advice - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of Advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of Advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Memorandum of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO5, Memorandum of Advice