LAW5007 Constitutional Law Exam Script (88 HD)

Description

Very comprehensive exam script for Constitutional Law which includes many case analogies and potential counter-arguments and arguments to consider. These notes are hyperlinked, paginated and very easy to follow. The topics covered are: 1. s 51 Powers (laws which Cth can make) 2. s 52 Powers (law which only Cth can make) (Note - laws which are not included in above (51 and 52 are State powers.) 3. Fundamental concepts for understanding (incl. Parliamentary sovereignty, representative government, responsible government etc.) (Note - these are notes only for understanding, although unlikely, you may possible write about these topics in an exam briefly) 4. Characterisation of Cth Laws (how to place a Cth law into a HoP) 5. Corporations power (s 51xx - a Cth HoP which is very examinable) 6. Finance powers (Grants s 96 and Power to appropriate and spend s 81 & 83) (a Cth HoP) 7. External Affairs powers (s 51(xxix) - a Cth HoP which is very examinable) 8. Cth separation of judicial power (stricter than State) 9. State separation of judicial power (more lenient that Cth) 10. State Legislative power (plenary any law that is not exclusively Cth) 11. Implied intergovernmental Immunities (State v Cth) (restrictions on whether State can impose laws on Cth, and vice versa) 12. Implied freedom of political communications - Protection against law which can be invalid if breached. 13. Freedom of Interstate trade, commerce and intercourse - s 92 protection against law which can be invalid if breached 14. s 109 inconsistency (inconsistency between state and cth) The best tip is to always make sure you engage with the cases, not sure list them after a sentence. Really engage and analogise with the cases such as their ratio and even their obiter, picking up on similarities in any case which I have found examiners typically look for. While the step-by-step guide can be helpful, it is important to note that particularly in exam conditions, you may not have the time to go through each one, and it is important to work on issue-spotting do you can really address and analyse the contentious topics adequately. All the best, and happy studying :)