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Constitutional law

LAWS3003 Constitutional Law

Constitutional Law deals with the rules that make up the system of government in Australia. The course identifies the difference between the state and federal constitutions, but the focus is on the distinctively federal aspects of the Australian Constitutional system, and in particular the division of the legislative, executive, judicial and financial powers between the Commonwealth and the States. The course begins with an introduction to the sources of constitutional law, types of constitutions, the philosophical underpinnings of constitutions and fundamental principles of constitutionalism including the rule of law, the separation of powers, representative democracy and federalism.  Against this background the course also undertakes a critical examination of selected enumerated legislative powers of the Commonwealth including the External Affairs Power, Defence Power, Corporations Power, Trade and Commerce Power and the Taxation Power. The course will also address various constitutional rights and freedoms.

About this guide

This guide was created by a librarian and contains some key resources you can refer to throughout the constitutional law course.

Secondary sources

Legal encyclopedias are a useful starting place to begin your research. They identify key legal principles and will refer to relevant cases and legislation. Heavily footnoted, you can follow the links to other relevant sources.

Halsbury's Laws of Australia (Lexis Advance)

90. Constitutional law

The Laws of Australia (Westlaw)

19. Government


Case citators