HD 2024 Federal Constitutional Law Scaffolds (Comprehensive, easy to follow)

Description

High quality Federal Constitutional Law (LAWS2011/LAWS5011) notes for the University of Sydney. I used these notes to achieve a High Distinction including 85 in the final exam, and 85 overall. These notes cover the substantive topics in the course (as they existed in 2024): A: Interpretation and Characterisation (1) Interpret the head of power (determine its scope) (2) Characterise the law enacted as falling within that scope (or not) (3) Determine whether the law breaches an express or implied prohibition or any manner-and-form constraint (3) If invalid (under () or (2)), determine whether the law can be read down or severed (Acts Interpretation Act 1901 (Cth) s 15A) (4) If the law cannot be read down or severed A: Trade and Commerce (s 51(i)) (non-purposive) (1) Provisions (2) Interpretation (3) Power B: Inconsistency (s 109) (1) Provision (2) Direct Inconsistency (3) Indirect Inconsistency (4) Operational Inconsistency (5) Future Inconsistency C: External Affairs Power (s 51(xxix)) 1 Provision 2 What is included within external affairs (interpretation) 3 Geographic Externality (not necessary but sufficient) 4 International Obligations (treat it as purposive) D: Corporations Power (xx) Provision Constitutional Corporations ‘With respect to’ E: Race Power Provision F: Taxation Provision Limits (don’t forget tacking) F: Grants Power Provision G: Defence Power (1) Provision (3) Primary Aspect: things that are related to purposes of defence (don’t forget to consider secondary) (4) Secondary Aspect (don’t forget!) G1: Constitutional Fact (2) Justiciability – how does the court determine the state of affairs? / Determining a constitutional fact (also applicable to other sections) H: Freedom of Interstate Trade, Commerce and Intercourse Provision Test I: Implied Freedom of Political Communication (If you want it to be valid – read it down – do it early) Source Test J: Intergovernmental Immunities State Immunity from Commonwealth Laws Commonwealth Immunity from State Laws Discrimination Against Interstate Residents