LAWS1116 Week 11 Exam Study Session

Federation – very difficult to factor into a problem solving question – much more likely to end up as an essay

Legal Problem Solving – constitutional challenges to federal law. (Power and Prohibition)

  1. Identify the Power (or lack thereof) the law would be passed under
  2. Identify any potential limitations or immunities of the power (citing case law as appropriate)
  3. Identify any general limitations or immunities (constitutional rights or immunities – once again case law as appropriate)
  4. Conclude on the validity of the law

Specific topics:
Federation – overlaps with public law, though the focus for 1116 was origins, while the focus for PPL is modern.
State Immunity (Effectively subsumed by the Engineer’s case and Melbourne Corporations principle – probably not going to be directly examined)
Commonwealth Immunity (NOT ASSESSABLE)
Inconsistency between Commonwealth and State Laws (s109)
Corporations (s 51(xx))
External Affairs (s 51(xxix))
Taxation and Grants – touched on in PPL
Express Constitutional Rights – touched on in PPL
Implied Constitutional Rights – looked at heavily in PPL
Free Trade (s 92)
Constitutional Change (States)
Constitutional Change - the Commonwealth – Looked at heavily in PPL

Problem solving exam question example – This week’s tutorial question had 4 separate considerations (s 3, s 4, Defamation, Public Safety Act) all of which focused primarily only the implied freedom of political speech.

Last year’s exam & marking guide – I have a copy, if anyone needs it – different format (pick 3 out of 6 questions) but similar question weighting and a great resource for example questions.

Various books designed to help study – student companion, questions and answers, etc.

Flash Cards available at http://quizlet.com/3017083/constitutional-cases-flash-cards/ - various iPhone apps that can download and directly use them.