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Monash University

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Current problems in constitutional law 406

  • LAW4112
  • Not offered in 2013
  • 6 points, SCA Band 3, 0.125 EFTSL
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The course focuses on contemporary problems in Australian constitutional law that are not covered in depth in Constitutional Law, LAW3201, with a comparative dimension where appropriate. Topics will include methods of constitutional interpretation (including the tension between the framers' original intentions and contemporary values); express constitutional rights (trial by jury and freedom of religion); implications drawn from the Constitution, including the separation of powers as a new springboard for implied rights and the demise of the cross-vesting scheme; the "races power"; the defence power both in war and peace; militiary discipline tribunals; and parliamentary privilege. -- Course Website

Prerequisites: LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3200/LAW3201



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