Key facts

UNE unit code: LAW399

*You are viewing the 2026 version of this unit which may be subject to change in future.

Start
  • Trimester 1 - On Campus
  • Trimester 1 - Online
Campus
  • Armidale Campus
24/7 online support
  • Yes
Intensive schools
  • No
Supervised exam
  • Yes
Credit points
  • 6

Unit information

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This unit studies the theory and practice of the law of government in Australia. It focuses primarily on the Commonwealth Constitution and role of High Court of Australia in its interpretation. It studies the powers and workings of the three branches of government as reflected in the chapter structure of the Constitution - the Executive, the Legislature and the Judiciary.

You will also explore the NSW Constitution law-making powers and consider the key restraints upon Commonwealth executive and legislative power. The role of the High Court and the distribution of powers between the Commonwealth and States is central to all these topics. You will gain an awareness of the unique knowledge and skills required of legal professionals to understand constitutional law, which will add valuable insights to benefit your career.

Offerings

For further information about UNE's teaching periods, please go to Principal Dates.

Teaching period
Mode/location
Trimester 1On Campus, Armidale Campus
Trimester 1Online

*Offering is subject to availability

Intensive schools

There are no intensive schools required for this unit.

Enrolment rules

Pre-requisites
60cp in Law; or LLM533
Restrictions
None

Notes

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

Unit coordinator(s)

profile photo of Patrick Graham
Patrick GrahamLecturer - Faculty of Science, Agriculture, Business and Law; School of Law

Learning outcomes

Upon completion of this unit, students will be able to:

  1. demonstrate cognitive awareness and an ability to analyse the broader principles of the context and the principles underpinning the Commonwealth Constitution; and perspectives of nationhood;
  2. use technical skills in analysing the specialist key constitutional concepts and doctrines, including the techniques and principles of constitutional interpretation, characterisation, and the separation of powers in discussing constitutional issues;
  3. identify, analyse and evaluate the powers and functions of the principal branches of government in Australia and their relationship with each other for the purpose of testing the validity of legislative action;
  4. use initiative and professional judgment to engage in critical analysis of the High Court's decisions involving the interpretation and application of the Constitutional provisions, particularly when this involves determining the demarcation of power between the Commonwealth and the States;
  5. demonstrate coherent and effective written communication skills in discussing and analysing a topic on constitutional law, or formulating an advice that applies the principles of constitutional law to a hypothetical problem; and
  6. demonstrate the ability to clearly identify, comprehend, interpret, analyse and apply constitutional law documentation of a substantive, procedural and unit based nature in assessments.

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.

TitleMust CompleteWeightOfferingsAssessment Notes
Final Invigilated Examination - Assurance TaskYes60%All offerings

This is an online supervised open Book Examination. You must achieve 50% in this assessment task to pass the unit.

No. Words: 2500

Invigilated Mid-Trimester Examination - Assurance TaskYes25%All offerings

There is a supervised mid trimester exam during the teaching period in which you are enrolled. The exam will be offered online with supervision via webcam and screen sharing technology. Coordinated by UNE Exams Unit.

To pass this unit, you must attempt this task and meet all other passing requirements in the unit.

Online Quiz Yes15%All offerings

 

 

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.

Blackshield and Williams Australian Constitutional Law and Theory: Commentary and Materials

ISBN: 9781760024819

Stephenson, P., Ananian-Welsh, P., Lynch, A., Williams, G. and Brennan, S., The Federation Press 8th standard ed. 2024

Note: The above details refer to a hardcopy textbook. Students are permitted to purchase the e-text version of the textbook if it is available. If this unit has an open-book online examination and the exam instructions allow you to refer to the hardcopy textbook, you will also be permitted to refer to the e-text version during the online supervised exam. The e-text can be used only if it is on the same device upon which you are sitting your exam. The use of a separate device is not permitted for accessing e-texts.

Text refers to: All offerings

Note: Recommended material may be held in the University Library — purchase is optional.

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

ISBN: 9780646979687

Commonwealth of Australia, Department of the Senate 14th ed. 2018

Note: The above details refer to a hardcopy textbook. Students are permitted to purchase the e-text version of the textbook if it is available. If this unit has an open-book online examination and the exam instructions allow you to refer to the hardcopy textbook, you will also be permitted to refer to the e-text version during the online supervised exam. The e-text can be used only if it is on the same device upon which you are sitting your exam. The use of a separate device is not permitted for accessing e-texts.

Text refers to: All offerings

Federal Constitutional Law: A Contemporary View

ISBN: 9780455248097

Joseph, S. and Castan, M., Thomson Reuters 6th ed. 2024

Note: The above details refer to a hardcopy textbook. Students are permitted to purchase the e-text version of the textbook if it is available. If this unit has an open-book online examination and the exam instructions allow you to refer to the hardcopy textbook, you will also be permitted to refer to the e-text version during the online supervised exam. The e-text can be used only if it is on the same device upon which you are sitting your exam. The use of a separate device is not permitted for accessing e-texts. There is also an e-book version available ISBN:97800455248103

Text refers to: All offerings

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