Contemporary Issues in Constitutional Law

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Key facts

UNE unit code: LLM502

*You are viewing the 2024 version of this unit which may be subject to change in future.

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Not offered in 2024

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Intensive schools

Supervised exam

Credit points

UNE student studies on a laptop on her lounge at home

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

Pre-requisites

candidature in JD or LLM or SJD prior to 2015; or candidature in LLM from 2015 (rule a or b - Australian); or candidature in LLM from 2015 (rule a or b - non-Australian) and LLM533; or candidature in LLM from 2015 (rule c) and 72cp including LLM533

Restrictions

LLM602

Notes

Please refer to the student handbook for current details on this unit.

Unit coordinator(s)

Greg Carne

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

Title

Must Complete

Weight

Offerings

Assessment Notes

Assignment 1

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.

Australia's Constitution: With Overview and Notes by the Australian Government Solicitor

ISBN: 9781742293431

Commonwealth of Australia, Department of the Senate 10th ed. 2018

Note: Electronic devices are not permitted in an examination room therefore, if you choose to purchase this text as an e-book, you will not be permitted to use it in an open book exam.