Melbourne Law School The Melbourne JD

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Constitutional Law 733515

Subject Objectives

On completion of this subject, students should:

  • have developed an understanding of
    • the structure and operation of the Australian Commonwealth and state constitutions, in theory and practice
    • core provisions of the Australian Commonwealth and state constitutions, constitutional decisions and constitutional principles
    • constitutional skills and techniques, including constitutional interpretation and characterisation
    • the relevance of constitutional law to how governments address public policy issues and to how Commonwealth legislation is drafted and interpreted
    • the impact of constitutional law on the individual and different groups within society
    • the main aspects of practice and procedure in constitutional litigation
  • be able to draw on this understanding to
    • describe and critically analyse the fundamental principles of constitutional law
    • identify relevant constitutional law decisions and state and critically analyse the legal principles that emerge from them
    • critically analyse the relationship between these legal principles and the fundamental principles of constitutional law
    • apply constitutional law principles to new fact situations
    • develop arguments as to what legal principles should be applied when the relevant constitutional provisions or decisions are unclear or in conflict
  • present these descriptions, analyses and applications of principles in the form of written and oral arguments that are appropriately structured, developed, supported and referenced
  • have enhanced general cognitive skills in relation to reading and comprehending legal materials; logical analysis and reasoning; legal research and writing; application of legal principles to factual situations; identifying relevant factual information; identifying and considering options to resolve legal problems; drawing on the knowledge of other disciplines to understand and resolve legal issues.