Contemporary Issues in Constitutional Law

This course builds on the foundational subjects Australian Public Law and Commonwealth Constitutional Law. The course examines constitutional law in greater depth, with a particular focus on how Australia and other democracies use both written and unwritten constitutional law to regulate the democratic process, including elections, referendums, parliaments, and political parties. A central theme of the course is the use of law to improve the practice of democratic politics. Students will explore efforts to make politics less partisan, fairer and more equal, more rational, and more democratic, as well as the extent to which such legal interventions have succeeded or created new challenges. Comparative analysis will enable students to evaluate whether alternative constitutional systems for regulating democracy have been effective overseas and whether they could be adapted to the Australian context. To develop their knowledge and skills, students will engage in a range of learning activities. The seminar format will be a mixture of discussion and lecture-style presentation. Discussions will centre, in part, around informal student ‘Responses’ to readings. Seminars will be punctuated by hands-on 'demonstrations' giving concrete illustrations of the themes we will discuss. Typically, at least one demonstration is included in each class. For instance, students will experiment with ‘gerrymandering’ to manipulate a hypothetical electoral system. The course also features visiting speakers, including leading lawyers and senior government officials, who provide insight into real-world applications of the material.