Federal and State Constitutional Law - 2017

To enrol in this unit, you must be accepted into a course from the provider. Read before you start

Unit summary


  • Level of Study: Postgraduate
  • Study load: 0.125 EFTSL
  • Delivery method: Fully Online
  • Prerequisites: Yes
  • Duration: 12 weeks
  • Government loans available: FEE-HELP
  • Availability for 2016: Sess 1
  • Availability for 2017: Sess 1 , Sess 2
  • Assessment: Assignment - Problem Solving Assignment (20%) , Open Book Invigilated Exam (50%) - Learn more

Unit provided by

2017 Fees
Domestic 4,320.00

In this unit, you will study areas of constitutional law that are essential for an understanding of the fundamental concepts and the unique complexion of the Australian constitutional system. You will explore constitutional conventions, federalism (both the division of powers and implied inter-governmental immunities), the separation of powers, implied rights and, at State level, restrictive legislative procedures.

On successful completion of this unit you will be able to:

  1. demonstrate an advanced and integrated understanding of Constitutional Law
  2. analyse and research complex problems relating to Constitutional Law
  3. demonstrate sophisticated cognitive skills in approaching legal issues relating to Constitutional law and generate appropriate responses
  4. demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions and identify, research, evaluate and synthesise relevant factual, legal and policy issues.
  • Assignment — Problem Solving Assignment (20%)
  • Open Book Invigilated Exam (50%)
  • Research Essay (30%)
For more information on invigilated exams see Exams and results

Mandatory co-requisites

You must either have successfully completed the following unit(s) before starting this unit, or currently be enrolled in the following unit(s); or enrol in the following unit(s) to study at the same time or prior to this unit:

If you have completed equivalent study at another university, please contact a Student Advisor for advice.

  • Additional materials
  • Broadband access

In order to enrol in this unit, you must be accepted into one of the following courses:

Please visit the course details page and read the Requirements tab for more information about eligibility.

This unit addresses the following topics.

1Australian constitutionalism
2Constitutional conventions and the 1975 crisis
3State constitutions and entrenchment
4The Engineers Case, characterisation and corporations power
5Freedom of inter-State trade, commerce and intercourse
6Inconsistency of laws
7Intergovernmental relations and immunities
8Taxation and financial powers
9The Commonwealth Executive
10Separation of judicial powers
11External affairs
12Express rights and implied rights
13Theories of judicial review; revision

This unit is delivered using the following methods and materials:

Online materials

  • Audio/Video - Streaming

This unit is a core requirement in the following courses:

This unit may be eligible for credit towards other courses:

  1. Many undergraduate courses on offer through OUA include 'open elective' where any OUA unit can be credited to the course. You need to check the Award Requirements on the course page for the number of allowed open electives and any level limitations.
  2. In other cases, the content of this unit might be relevant to a course on offer through OUA or elsewhere. In order to receive credit for this unit in the course you will need to supply the provider institution with a copy of the Unit Profile in the approved format, which you can download here. Note that the Unit Profile is set at the start of the year, and if textbooks change this may not match the Co-Op textbook list.

Textbook information for this unit is currently being updated and will be available soon. Please check back regularly for updates. Alternatively, visit the The Co-op website and enter the unit details to search for available textbooks.

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