the division of law-making power between state and Commonwealth parliaments under the Commonwealth Constitution, including specific (concurrent and exclusive) and residual powers, and the impact of Section 109
restrictions imposed by the Commonwealth Constitution on the law-making powers of the state and Commonwealth parliaments
the process of change by referendum under Section 128 of the Commonwealth Constitution and factors affecting its likely success
the way in which one successful referendum changed the division of law-making powers
the role of the High Court in interpreting the Commonwealth Constitution
the signi cance of two High Court cases involving the interpretation of the Commonwealth Constitution in terms of their impact on the law-making power of the state and Commonwealth parliaments
the capacity of the states to refer law-making power to the Commonwealth Parliament
the means by which the Commonwealth Constitution protects rights, including structural protection, express rights, and implied rights
the signi cance of one High Court case relating to the constitutional protection of rights in Australia
Australia’s constitutional approach to the protection of rights and the approach adopted in one of the following countries: Canada, New Zealand, South Africa, or the United States of America.
Key skills These skills include the ability to:
de ne key legal terminology and use it appropriately
discuss, interpret and analyse legal information and data
apply legal principles to relevant cases and issues
explain the role of the Commonwealth Constitution with respect to law-making powers and the protection of rights
identify the types of law-making powers
explain the methods and processes of changing constitutional power
analyse the impact of referendums, High Court interpretation of the Constitution, and the referral of powers on the division of law-making powers
evaluate the means by which rights of Australians are protected by the Commonwealth Constitution, and the extent of this protection
compare the approach used to protect rights in a selected country with the approach used in Australia.