|Faculty or Section :||Faculty of Business, Education, Law and Arts|
|School or Department :||School of Law and Justice|
|Grading basis :||Graded|
|Course fee schedule :||https://www.unisq.edu.au/current-students/administration/fees/fee-schedules|
|Version produced :||28 January 2023|
Pre-requisite or Co-requisite: HIS5115
Constitutional law is one of the fundamental areas of legal knowledge required in order to meet the requirements for admission as a legal practitioner in Australia. It underpins all of the statute law made in Australia.
The constitutions of Australian governments are the basis by which power may be exercised over the citizens of the nation. Understanding the limits of those powers and the way the various government levels interact is the basis of understanding law making in Australia. Students will become familiar with the Commonwealth and State Constitutions, including the division of powers between different levels of government in Australia's federal system, the settlement of disputes between Federal and State Governments over which of them has power to make laws in particular areas, and the role of the High Court in the interpretation of the Constitution. Limits to law making powers will be considered. Students will be asked to consider to what extent interpretation of the Constitution should evolve as the needs of society change, and to critically reflect on the development of Australian constitutionalism since federation.