Course overview
- Study period
- Semester 1, 2025 (24/02/2025 - 21/06/2025)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course continues the study of state and federal constitutional law introduced in Principles of Public Law. The course examines the constitutional relationship between the states and the Commonwealth, the subjects of Commonwealth legislative and executive power, constitutional principles concerning the separation of powers and judicial independence, constitutional rights and freedoms, and the amendment of the state and Commonwealth Constitutions.
This is a course on Australian constitutional law focusing on the main features of the Commonwealth and State Constitutions. The course builds on what was learned in Principles of Public Law. In particular, the course explains how the broad principles of the rule of law, federalism and the separation of powers are implemented in the Australian constitutional system. We begin by discussing the legislative power of the Commonwealth and the particular topics in respect of which it is authorised to make laws. It is not possible within a semester course to cover all or even most of the Commonwealth's legislative powers, so we focus on three important and characteristic ones: the corporations power, the external affairs power and the acquisition power. We then turn to the resolution of conflicts between the Commonwealth and the States which arise when there is an inconsistency between laws or when the laws of one level of government purport to bind the other level of government. In doing so, we will also examine the nature and scope of the Commonwealth's executive powers. Lastly, we turn to the protection of rights and liberties under the Constitution, with particular focus on freedom of trade, freedom of religion and freedom of political communication. The final lecture discusses the modes of constitutional change at Commonwealth and State levels.
The Ross Anderson Memorial Prize:ﾠThe student with the highest overall mark in their first attempt at LAWS3700 will be recommended for this prize.
Course requirements
Assumed background
It is assumed that students have successfully completed LAWS1703 Principles of Public Law.
Prerequisites
You'll need to complete the following courses before enrolling in this one:
LAWS1703
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS1116 or LAWS2005
Restrictions
LLB(Hons) and LLB(Hons) duals
Course contact
Course staff
Lecturer
Tutor
Mr Jeremy Butcher
Ms Lauren Causer
Mr William Garske
Mr Adam Lukacs
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
See objectives below.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Demonstrate an understanding of the ways in which federalism is embodied in the Australian federal Constitution.
LO2.
Understand the basic principles of constitutional interpretation through discussion of specific legislative powers.
LO3.
Understand, accurately state, and effectively apply the law in relation to Commonwealth-state relations.
LO4.
Understand the scope and application of the rights and liberties expressly or impliedly secured by the Constitution.
LO5.
Understand the ways in which constitutional change is effected under the federal and state constitutions.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Examination |
In-Semester On-line Examination
|
40% |
15/04/2025 6:00 pm
The exam must be submitted by 7:50pm. |
| Examination |
End-of-semester Examination
|
60% |
End of Semester Exam Period 7/06/2025 - 21/06/2025 |
Assessment details
In-Semester On-line Examination
- Online
- Mode
- Written
- Category
- Examination
- Weight
- 40%
- Due date
15/04/2025 6:00 pm
The exam must be submitted by 7:50pm.
- Learning outcomes
- L01, L02, L03
Task description
Date and Time of Exam: Tuesday 15 April 2024, 6.00pm to 7.50pm. This will allow 10 mins planning time, 85 mins writing time and 15 mins for students to upload their answers.
Access: The exam will be made available on the Learn.UQ site for the course on Tuesday 15 April 2024 at 6.00pm.
Weight: 40% of the total grade for the course.
Task Description: The exam will consist of one or more problem-style questions. Any written or printed material is permitted in the exam; it may also be annotated.
Assessment Objective: The objective of the exam is to assess the ability of students to (a) identify the relevant legal issue or issues raised by the question, (b) identify the cases, principles and rules relevant to addressing that issue or issues, and (c) provide an answer to the question by applying those cases, principles and rules to the issue or issues.
Maximum Length: 2000 words including references and notes. This word limit is imposed because the purpose of the exam is not for students to write an abstract summary of the law on the general topic of the examination question, but rather to identify the legal issue or issues and specifically to address that issue or issues.
State at the beginning of your answer the particular question you have chosen to answer and the total word length of your answer. Also clearly state your name and your student number.
Penalty for excess length: loss of 2 marks (out of 40) for every 100 words (inclusive) over the word length. Eg, a total word length of 2090 words will result in 2 marks (out of 40) being deducted; a total word length of 2190 words will result in 4 marks (out of 40) being deducted.
Format: Abbreviated references to cases is permitted and sufficient (eg, 'Spence v Qld', or 'Tasmanian Dam Case, per Gibbs CJ'). Answers must be submitted as Microsoft Word documents, double-spaced, with 2 cm margins and justified on both right and left margins. Use an appropriate font style and size (ie, 12-point Times New Roman or 11-point Arial).
You must not discuss any of the questions or any of your answers with anyone else during the duration of the assessment. Any student found to have done so will be referred to the Academic Integrity Officer.
Because the exam will be held during the ordinary lecture time, all students will be expected to undertake the exam at that time.
This exam will evaluate student abilities, skills and knowledge without the aid of Artificial Intelligence (AI) or Machine Translation (MT). Students are advised that the use of AI or MT technologies to develop or write responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy .
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 85 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open Book examination |
| Exam platform | Other |
| Invigilation | Not invigilated |
Submission guidelines
The online exam will be available via Learn.UQ. You will have 15 minutes to upload the exam after the exam finish time.
Deferral or extension
You may be able to defer this exam.
Late submission
Exams submitted after the end of the submission time will incur a late penalty.
Late Submission of Digital Exams
Penalties for late submission will apply to the total mark available for an examination unless a student can demonstrate that system and/or process issues beyond their control resulted in the late submission of the examination.
Additional information on late penalties for digital examinations can be found within the Examinations Procedure.
End-of-semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 60%
- Due date
End of Semester Exam Period
7/06/2025 - 21/06/2025
- Learning outcomes
- L03, L04, L05
Task description
This will be an examination based on the topics not covered by the in-semester exam. Any written or printed material is permitted in the exam; it may also be annotated. It will consist of five questions, of which students will be required to answer any three. Each question will be equally weighted.
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. Any attempted use of Generative AI or MT may constitute student misconduct under the Student Code of Conduct Policy.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 90 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open Book examination |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 1 To Week 13 |
Lecture |
Lectures Lecture 1. Constitutionalism: This lecture will introduce the course, followed by a review of the key features of the Australian Constitution, including its underlying principles. Lecture 2. Constitutional Interpretation: This lecture will introduce the High Court's approach to interpretation of the Constitution and characterisation of Commonwealth laws. This will include consideration of the general methods the High Court uses to interpret the Constitution and the specific techniques it uses when interpreting Commonwealth legislative powers. The lecture will lay a foundation for our examination of the Commonwealth's legislative powers, Lecture 3. Legislative Power: Corporations: This lecture will begin our examination of the Commonwealth’s legislative powers, focusing on the corporations power (s 51(xx) of the Constitution). Lecture 4. Legislative Power: External Affairs: This lecture will continue our examination of the Commonwealth's legislative powers, focusing on the external affairs power (s 51(xxix). Lecture 5. Acquisition and Just Terms: This lecture will continue our examination of the Commonwealth's legislative powers, focusing on the Commonwealth's power to make laws with respect to the acquisition of property on just terms (s 51(xxxi)). Lecture 6. Inconsistency between Commonwealth and State laws: Section 109 of the Constitution provides for the resolution of inconsistencies between valid federal and state laws. This lecture will survey the High Court’s jurisprudence on s 109. Lecture 7. Executive Power of the Commonwealth: This lecture will consider the powers of the Commonwealth Executive, including the prerogatives and capacities of the Crown, the spending and appropriation powers, and the so-called 'implied nationhood power'. Lecture 8. Intergovernmental Immunities: This lecture will consider the High Court's jurisprudence on Commonwealth-state relations, examining the limits on legislative and executive interference between the two orders or levels of government. Lecture 9. Freedom of Interstate Trade (s 92): Section 92 of the Constitution requires that trade, commerce, and intercourse among the states shall be absolutely free. This lecture will survey the High Court’s jurisprudence on s 92. Lecture 10. Freedom of Political Communication: In addition to the rights and freedoms expressly guaranteed, the High Court has found a guarantee of freedom of political communication to be implied by the Constitution. This lecture will survey the High Court’s jurisprudence on the implied freedom. Lecture 11. Freedom of Religion (s 116) Section 116 of the Constitution prohibits the Commonwealth from making any law for establishing any religion, imposing any religious observance, or prohibiting the free exercise of any religion. It also provides that no religious test shall be required as a qualification for any office or public trust under the Commonwealth. This lecture will survey the High Court’s jurisprudence on s 116. Lecture 12. Constitutional Amendment: The Constitution establishes several methods of constitutional amendment that apply to different aspects or provisions of the Constitution: (a) Commonwealth enactment (s 51(xxxvi)); (b) State referral of powers (s 51(xxxvii)); (c) Commonwealth and State enactment (s 51(xxxviii)); (d) dual referendum (s 128); unanimous referendum (s 128, para 5). The State Constitutions can be amended by ordinary statute, except where special ‘manner and form’ requirements apply (Australia Acts 1986, s 6). This lecture will offer an account of these methods of constitutional amendment. Learning outcomes: L01, L02, L03, L04, L05 |
Multiple weeks From Week 2 To Week 13 |
Tutorial |
Tutorials Week 2 - Tutorial 1: Constitutionalism Week 3 - Tutorial 2: Constitutional Interpretation Week 4 - Tutorial 3: Corporations Power Week 5 - Tutorial 4: External Affairs Power Week 6 - Tutorial 5: Acquisition Power Week 7 - Tutorial 6: Inconsistency between laws Week 8 - No Tutorial Break - No Tutorial Week 9 - No Tutorial Week 10 - Tutorial 7: Executive Power Week 11 - Tutorial 8: Intergovernmental Immunities Week 12 - Tutorial 9: Freedom of Interstate Trade Week 13 - Tutorial 10: Freedom of Political Communication Supplementary Tutorial Question: Freedom of Religion Learning outcomes: L01, L02, L03, L04 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: