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LAW2111 - Constitutional law - 2019

6 points, sca band 3, 0.125 eftsl, undergraduate - unit.

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Chief examiner(s)

Semester 1: Associate Professor Luke Beck Semester 2: Dr Julie Debeljak

Unit guides

• First semester
• Second semester
• First semester 2019 (On-campus)
• Second semester 2019 (On-campus)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:

Single degree LLB Hons students:

LAW1111 Foundations of Law

LAW1114 Criminal Law 1

LAW2101 Contract A

LAW1113 Torts

Double degree LLB Hons students:

LAW1112 Public Law and Statutory Interpretation

LAW2112 Property A

For students who commenced their LLB course prior to 2015:

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

For students who commenced their LLB course prior to 2015: LAW3200

The unit examines the Victorian and Commonwealth Constitutions; advanced principles regarding separation of judicial powers at State and Commonwealth levels; Australian federalism and inter-governmental relations, including the distribution of legislative and fiscal powers between the Commonwealth and the States, inconsistency of laws, and intergovernmental immunities; some principal Commonwealth legislative powers; limitations on governmental power, including selected express and implied constitutional rights and freedoms; and critical analysis of techniques and principles of constitutional interpretation.

At the successful completion of this Unit students will be able to:

• Describe, discuss and analyse Commonwealth and State constitutional law and practice.
• Evaluate judgements on Australian constitutional cases demonstrating particular attention to the interpretive techniques used and the principles/policies underlying the judgements and doctrines.
• Assess the constitutional validity of Commonwealth and Victorian legislation and executive actions.
• Evaluate and apply constitutional law and interpretative principles of constitutional law to generate appropriate legal responses.

NOTE: From 1 July 2019, the duration of all exams is changing to combine reading and writing time. The new exam duration for this unit is 2 hours and 30 minutes.

• Tutorial attendance: 5%
• Tutorial participation: 10%
• Written Assignment (1,250 words): 25%
• Final Examination (2 hours and 30 minutes): 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

• Monash Enrich

LAW1111: Foundations Of Law

Faculty of Law

Check the Handbook for the latest unit information.

The unit examines the foundation and structure of the institutions and processes of the Australian legal system, including legal practice as a distinctive element within the Australian legal process. It introduces the sources of authoritative law - statutes, delegated legislation and judicial precedents. A case series is used to demonstrate the evolution of the common law within the constraints of the doctrine and practice of precedent. The unit provides foundational knowledge and skills in the interpretation of judicial precedents and legislation and their application in legal problem-solving. Students develop fundamental skills in legal research and legal writing.

1 - Multiple Choice Questionnaire - 20% 2 - Library research online quiz - 5% 3 - Written assignment - 1500 words - 30% 4 - Take-home exam - 45%

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Sustainable development goals

Adopted by the UN Member States in 2015, the 17 Sustainable Development Goals (SDGs), are an urgent call for action by all countries - developed and developing - in a global partnership. Read more

This unit covers content related to the following SDGs:

16. Peace Justice and Strong Institutions

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Key Resources 

• American bibliography of Slavic, East European, and Eurasian studies (EBSCOhost) This link opens in a new window ABSEEES database provides information on East-Central Europe and the former Soviet Union. Some of the many subjects covered include: anthropology, culture & the arts, economics, education, and geography. Sources indexed include journals, books, dissertations, online resources and selected government publications published in the U.S. and Canada. Coverage for ABSEEES ranges from 1989-present.
• Central and Eastern European online library This link opens in a new window Online database which provides access to full text articles from humanities and social sciences journals, electronic books and re-digitised documents pertaining to Central, South-Eastern, Baltic and Eastern European topics. Most of the content comes from material published in Central and Eastern Europe and is thus in the original language (titles, abstracts and some keywords are translated into English).
• East View universal databases This link opens in a new window East View Universal Databases offer subscription databases comprised of published content from Russia and former Soviet states, China and East Asia. It provides access to newspapers, newswires, popular and scholarly periodicals, and government documents, and other materials, in native and translated languages. A transliteration feature is included.
• English language resources
• Slavic language resources

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Slavic Language Resources

• Belarus presidential election, 2010 This link opens in a new window The 2010 Presidential Election in Belarus database includes the official electoral biographies of all 10 candidates, their officially submitted political programs, campaign finance statements, official lists of supporters and election teams, financial disclosure statements, original campaign posters, official brochures handouts as well as banned opposition leaflets and posters, and the results of both official and independent exit polls. The materials in this collection are presented "as is," just as they were published, Belarusian or English, many in Russian.
• Children's leisure activities in Russia This link opens in a new window The material gathered here offers a unique insight into one of the most important and characteristic areas of socializing the young in early Soviet Russia, and a window into the mentality of the 'first Soviet generations' as well. Play was used, as methodological guides for nursery-school teachers indicate, in order to inculcate 'politically correct' attitudes. The collection gives a representative overview of the different trends in children leisure activities and games and runs chronologically from 1917 to the late 1930s ...
• Cult of body : sports and physical culture in Russia, 1891-1919. This link opens in a new window This collection comprises unique material on sports and physical culture in Russia, 1891-1919 and is particularly significant because sports provided opportunities for transitions from tradition to modernity: athletic competition broke down class barriers, brought women into public spaces, and encouraged new modes of behavior and self-presentation.
• Early Russian cinema online This link opens in a new window This unique collection of Russian film periodicals from the last tsarist decade includes both sophisticated and more popular periodicals released by the major Russian film studios. Containing interviews with movie stars and now lost screenplays, these journals are an authoritative source on the silent movie era, and Russia's entertainment industry at the eve of the Revolution.
• Georgia parliamentary election, 2012 This link opens in a new window A collection of election related ephemera and primary source material documenting the Georgian parliamentary elections of October 1, 2012. It contains thousands of pages of unique print materials collected by East View researchers in Tbilisi and other Georgian cities.
• History of modern Russian and Ukrainian art This link opens in a new window The collection documents the history of modern Russian and Ukrainian art. It encompasses critical literature, illustrated books, and art periodicals ... These historical sources of pre- and post-revolutionary art reflect the diversity of artistic thought in the first thirty years of the 20th century, the intense discussions about the nature of the new art, its form, and its aims. The collection consists of 215 titles that were published in two parts on microfiche.
• Imperial Russia's iIlustrated press This link opens in a new window The illustrated weeklies gathered in this collection open a wide window on Russian cultural, social, and political life. Their editors traced the sweep of the Russian imagination at the apogee of Russian cultural power from the peak years of Dostoevsky and Tolstoy to the modernist era and the chaos of 1917. They captured imperial expansion, cultural innovation, high fashion, graphic arts, performing arts, grand funerals and anniversaries, occasions of state, wonders of science, and domestic and foreign politics.
• Jewish theater under Stalinism online : Moscow State Jewish Theater (GOSET) and Moscow State Jewish Theater School (MGETU), 1916-1950 This link opens in a new window Collection of archival documents containing material that describes the history of Soviet culture and theater, Jewish avant-garde art and the Kremlin's policy toward Jewish society and culture from 1919 until 1949. The collection contains correspondence with ministries, state organizations, and authors; administrative-managerial documents; plays performed by or submitted to the theater (many of which have never been published); notes written by the censors; musical items for productions; press clippings about the theater; posters, programs and librettos; photographs of GOSET productions and of the actors off-stage.
• Moscow news digital archive This link opens in a new window Moscow News (pub. 1930-2014) was the oldest English-language newspaper in Russia and, arguably, the newspaper with the longest democratic history. From a mouthpiece of the Communist party to an influential advocate for social and political change, the pages of Moscow News reflect the shifting ideological, political, social and economic currents that have swept through the Soviet Union and Russia in the last century. The Moscow News Digital Archive contains all obtainable published issues (1930-2014, approx. 60,000 pages), including issues of the newspapers short-lived sister publication Moscow Daily News (1932-1938).
• Muslims in Russia online This link opens in a new window This collection presents works written by and about Muslims, and introduces the uniquely varied and poorly explored Russian Muslim population during one of the most dynamic periods of their history (1861-1918). Materials published in Russia both at the centre and on the periphery reflect the picturesque palette of life of Muslims in the Russian Empire, as well as the positions of their public and political fi
• Popular literature, fiction and songs in Russia online This link opens in a new window This collection illustrates the chief genres of Russian popular literature and includes chivalric tales, historical fiction and updated fairy tales, as well as stories of adventure, banditry, detectives, success, war and empire, women and gender. The collection also includes rags-to-riches tales of social mobility, adventures set in Siberia and the Caucasus, and the stories of the occult world of wizards and sorceresses. Taken together, these lively texts illustrate changing stereotypes of gender, ethnicity, and social class. The collection follows the evolution of the Russian language in its popular commercial print form.
• Pravda digital archive : 1912 - 2009 (East View) This link opens in a new window Pravda ("Truth") was the official voice of Soviet communism and the Central Committee of the Communist Party between 1918 and 1991. Founded in 1912 in St. Petersburg, Pravda originated as an underground daily workers newspaper, and it soon became the main newspaper of the revolutionary wing of the Russian socialist movement. Throughout the Soviet era, party members were obligated to read Pravda. Today, Pravda still remains the official organ of the Communist Party of the Russian Federation, an important political faction in contemporary Russian politics (Note: In Russian)
• Russian anarchist periodicals of the early 20th century online This link opens in a new window IE or Firefox browser preferred This collection of writings reveals the eventful history of Russia during the revolutionary era, from the perspective of metropolitan and provincial newspapers and journals published by the most radical political forces. Furthermore, these materials shed new light on the relationship of the anarchists with the Bolsheviks and the Soviet State, and also reveal the impact of anarchist ideas on the literature and art of the period. Note: In Russian.
• Russian avant-garde online This link opens in a new window IE or Firefox browser preferred This collection represents works of all Russian literary avant-garde schools. It comprises almost 800 books, periodicals and almanacs most of them published between 1910-1940 and thus offers a varied and well-balanced overview of one of the most versatile movements in Russian literature. The books in this collection can be regarded as objects of art, illustrated by famous artists such as Malevich, Goncharova and Lisitskii.
• Russian central newspapers (UDB-COM) This link opens in a new window The Universal Database of Russian Newspapers (UDB-COM) provides comprehensive coverage of national news, current events, economic developments and cultural events in Russia. Official sources (Rossiiskaia gazeta, Krasnaia zvezda, ITAR-TASS), independent media and partisan publications are all represented, thus offering a wide array of opinions and perspectives. Several English-language newspapers including the notable Moscow Times, widely read by the international community in the Russian capital, constitute an important part of the database.
• Russian theater in the early 20th century online This link opens in a new window IE or Firefox browser preferred This collection of theatre periodicals provides a detailed picture of metropolitan and provincial Russian theatre, and reflects the cultural life in Russia at the turn of the 20th century. These periodicals contain, as well as articles, reviews, theatre repertoires, librettos, documentary materials, announcements and advertisements. The collection is a unique source for a wide range of scholars in the fields of history, cultural studies, theatre history and sociology.
• Russia presidential election, 2012 This link opens in a new window This database contains election related ephemera and primary source material documenting the contentious Russian presidential elections of March 4, 2012. The collection is an important resource for understanding the underlying political and social dynamics of the 2012 Russian presidential election.
• Russia State Duma election, 2011 This link opens in a new window The Russian State Duma Election of December 4, 2011 was an historical watershed. The significance of the elections are highlighted not only because they were heavily contested at the ballot box, but more importantly because for the first time in more than a decade the elections galvanized large segments of the Russian population and the broader civil society. This collection of primary source material includes close to 6,000 pages of fully searchable biographical sketches of the leaders of the major Russian political parties, party programs, flyers, posters, photographic representations of demonstrations, media reports, party propaganda brochures and booklets, and much more.
• Russkii arkhiv digital archive This link opens in a new window Russkii arkhiv was a well-known monthly journal of history and literature, published in Moscow in 1863-1917. It was intended to comprehensively cover Russian history. Russkii Arkhiv published mostly unreleased memoirs, epistolary, literary and institutional documentary materials that highlighted the cultural and political history of the Russian nobility in the 18th and 19th centuries. Special emphasis was given to and the reign of Catherine the Great and Alexander I. In addition, extensive biographical coverage was given to the life and work of Alexander Pushkin, and to the prime nobility of literary and artistic circles.
• Screen and stage online : the Russian cinematographic and theater press, 1889-1919. This link opens in a new window Prefer Firefox or IE browser This database is a unique collection of Russian theatre and film periodicals, which also includes material on other forms of entertainment and mass culture in pre-revolutionary Russia. The collection consists of various types of material ranging from sophisticated journals to cheaply produced magazines published in the last three decades of the Tsarist regime. It covers all strata of urban society and their response to new and traditional art forms as theatre and cinema.
• Socialism on film This link opens in a new window Socialism on Film is a comprehensive collection of documentaries, newsreels and features that reveals the world as seen by Soviet, Chinese, Vietnamese, East European, British and Latin American filmmakers. It ranges from the early twentieth century to the 1980s. Sourced from the archives of the British Film Institute (BFI), the collection consists of films produced almost exclusively in the communist world and later versioned into English for distribution in the West. The films have been conserved, digitised from the original reels, and are fully transcribed and searchable. The three modules are: 1. Wars and revolutions. 2. Newsreels and magazines. 3. Culture and society.
• South Ossetia presidential election, 2011-2012 This link opens in a new window Includes hundreds of pages of primary source material collected in South Ossetia and in Ossetian diaspora communities in the Russian Federation.
• Soviet cinema online : archival documents from RGALI, 1923-1935. This link opens in a new window The documents in this Brill collection cover the period when state monopoly control over the Soviet cinema industry - production, distribution and exhibition - was being established between 1923 and 1935. The collection contains administrative, personnel and financial records, transcripts of meetings, statistical reports, documents related to film export, film import, and film production, reviews, film repertoire, etc. The list and contents of the documents in this collection is shaped by the fact that Soviet cinematography was the target of focused official policies.
• Soviet cinema online : film periodicals, 1918-1942. This link opens in a new window This Brill collection includes Soviet film magazines and newspapers, 1918-42, reflecting a most productive period in the history of Russian film. These publications shed light on the production side of Soviet cinematography, as well as on the theoretical and practical concepts developed by the period's leading directors and critics. They also highlight the role of film in Soviet cultural life. Film magazines and newspapers featured articles by leading Soviet directors (Lev Kuleshov, Sergei Eisenstein, Dziga Vertov, Aleksandr Dovzhenko, Abram Room), as well as members of the avant-garde LEF, leading authors and philologists.
• Stalin digital archive. This link opens in a new window The Stalin Digital Archive (SDA) is a result of collaboration between the Russian State Archive of Social and Political History (RGASPI) and Yale University Press. The SDA contains primary and secondary source material related to Joseph Stalin's personal biography, his work in government, and his conduct of foreign affairs. Highlights include: foreign policy with Germany before World War II; communications during the Great Purges; relations with Western intellectuals and leaders; and private notations on many Soviet leaders. The archive also contains full transcriptions of all of the volumes in Yale University Press's acclaimed Annals of Communism (AOC) series.
• Ukraine parliamentary election, 2012 This link opens in a new window Includes ephemera and primary source material documenting the Ukrainian Rada elections of October 28, 2012. It contains over 12,000 pages of unique print materials collected by East View researchers in Kiev, Kharkov, Simferopol, Crimea and elsewhere throughout Ukraine.
• Ukrainian publications (UDB-UKR) This link opens in a new window This database imcludes content from Ukraine's leading periodicals, covering a broad range of political, economic, and cultural affairs, some with archives from 1997. Titles and back issues are added on a regular basis. Publications are in Russian, Ukrainian, and English. Topics include Ukraine's progress along the reform path, the view and positions of various political forces, changes in legislation, ethnic relations, and organizational trends in development of the armed forces.
• World of children in the USSR : Artek Pioneer Camp Archives, 1944-1967 online This link opens in a new window Edge or Firefox browser preferred The documents in this database provide an insight into everyday life and mentality of Soviet children. It reflects the recreation camp's history in the period between 1944 and 1967, and contains government documents on Soviet social and health policies, administrative, medical and financial records, transcripts of meetings, materials on educational and ideological work carried out in the camp statistical reports, food rations and provision standards, letters from Soviet and foreign children, diaries, and more.
• Yearbook of the Imperial theaters online This link opens in a new window Edge or Firefox browser preferred This annual periodical, published by the Directors of the Imperial Theatres in St. Petersburg during the period 1890-1915, offers a wealth of material concerning the late imperial stage in Russia. Its pages include repertoires, critical essays and reviews of theatrical performances, chronicles of metropolitan theatre life, articles discussing a wide range of topics as well as information about the actors. Obituaries, anniversary essays and reports of the activities of the Theatre and Literary Committee are also recorded.

English Language Resources

• Brill online This link opens in a new window Brill Online Books and Journals offers searching and access to over 175,000 book chapters and journal articles. Brill’s publications focus on the humanities and social sciences, international law and selected areas in the sciences. In addition to its journals and books publishing programmes, Brill also offers reference works and primary source materials, including prestigious publications such as the Encyclopedia of Islam, Brill’s New Pauly and others. Note: Full text access is to subscribed content only.
• Cold War : voices of confrontation and conciliation This link opens in a new window The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World - primarily the Soviet Union and its satellite states and allies - and the powers of the Western world, primarily the U.S. and its NATO allies. This collection, which includes transcripts of oral recollections, provides an opportunity to understand the motivations for conflict and conciliation of many of the players in the Cold War.
• Cold War intelligence online This link opens in a new window This collection of formerly classified U.S. government documents (most of them classified Top Secret or higher) provides readers with the documentary record of the successes and failures of the U.S. intelligence community in its efforts to spy on the Soviet Union during the Cold War. It covers the period from the end of World War II in 1945 until the collapse of the Soviet Union in 1991, but also includes a number of formerly classified historical reports and articles written by U.S. intelligence historians since the end of the Cold War.
• East Europe, Central Europe database (ProQuest) This link opens in a new window This database provides ongoing full-text academic journals that are locally published by scholarly publishing organizations and educational institutions in East European and Central European countries. Major subject areas of study are represented, including business, science, technology, engineering, social sciences, education, and humanities.
• Jewish underground resistance : the David Diamant collection. This link opens in a new window David Diamant is the pseudonym of David Erlich, a Jewish communist and committed member of the underground resistance during World War II. This collection consists of original documents collected by Diamant over a period of approximately 30 years dealing primarily with the Jewish segment of the French underground resistance; many of the documents originate with communist groups, and some deal with Polish groups. Documents are in Yiddish and French.
• JSTOR This link opens in a new window JSTOR is a comprehensive library of important scholarly literature, built by over 1,700 worldwide participants, including major Australian universities. It includes thousands of academic journals, books, and primary sources from a wide range of academic publishers and university presses. Titles span across disciplines, including core areas such as business & economics, social sciences, education, history, language & literature and science. Current journals are linked and cross-searchable with archival journals and ebooks.
• Pravda archive, 1959-1996 : twentieth-century global perspectives (Readex/NewsBank)) This link opens in a new window For decades the official newspaper of the Communist Party of the Soviet Union, Pravda was widely read both within the Soviet states and by foreign diplomats, politicians, and intelligence agencies. Now this important trove of primary source documents is available in English via a fully searchable digitized collection. Pravda was a mouthpiece for Kremlin leaders, from Khrushchev to Gorbachev to Yeltsin. It distributed their ideas, policies, and propaganda to some 11 million readers at its peak ,and spoke with absolute authority. Pravda remains an essential resource for understanding Communist thought and Soviet perspectives on major 20th-century events, including the Korean and Vietnam Wars, the Cuban missile crisis, the fall of the Berlin Wall ,and the collapse of the Soviet Union.
• Russian Civil War and American expeditionary forces in Siberia, 1918-20 This link opens in a new window This collection reproduces important letters, reports, memorandums, cablegrams, maps, charts, and other kinds of records relating to the activities of the American Expeditionary Forces in Siberia, 1918-20. President Woodrow Wilson agreed in early July 1918 to permit limited U.S. participation in an Allied expedition to Siberia to aid the Russian people themselves in "self-government and self-defence", and to extricate Czechoslovak Armed Forces trapped in Siberia who had been attempting to reach the Western Front.
• Secret files from world wars to Cold War This link opens in a new window Spanning four key twentieth-century conflicts, with a spotlight on the Second World War, this collection provides access to British government secret intelligence and foreign policy files from 1873 to 1953. Sourced from The National Archives, U.K., the range of documents from signals intelligence reports to government-directed policy and strategy, will support teaching and research from the period of Appeasement right through to the early Cold War. The content of the material is international in scope.
• U.S. intelligence on Europe, 1945-1995 This link opens in a new window This Brill collection of over 4,000 formerly classified U.S. government documents provides a comprehensive survey of the U.S. intelligence community's activities in Europe, including Eastern Europe, Turkey and Cyprus, covering the time period from the end of World War II to the fall of the Iron Curtain and beyond.
• World War I and revolution in Russia, 1914-1918 This link opens in a new window This collection documents the Russian entrance into World War I and culminates in reporting on the Revolution in Russia in 1917 and 1918. The documents consist primarily of correspondence between the British Foreign Office, various British missions and consulates in the Russian Empire and the Tsarist government and later the Provisional Government. Includes 73,607 images from the National Archives (U.K.)
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Games Needing Referees

The following referee assignments are currently available. If the Referee column says REF, the game needs a center referee. The AR column shows if the game still needs 1 or 2 assistant referees.

If you would like to fill one or more of these assignments, please send me a text message or email me at [email protected]

Assignment Reminders

Referees are reminded that to be considered for any of these available assignments, they must be actively engaged in the following Daily To-Do activities.

• Update Arbiter calendar daily
• Blocks for next week are due Thursday
• Check Arbiter schedule daily
• Read all assignor emails daily
• File game reports within 48 hours

Additional Information about Available Assignments

If you are interested in one or more of these available assignments, please email [email protected] as quickly as possible. These assignments tend to go very fast and are often filled on a first requested, first assigned basis. Referees who regularly volunteer to pick up available assignments are appreciated by the assignor. It is also a good way to get your name in front of the assignor frequently.

There are approximately 250 games each week and over 400 available assignments during the soccer season. More assignments are available during the spring season than there are during the fall season due to high school soccer. However, for the same reason, there are fewer referees who can fill the available assignments during the fall season.

The relationship between a referee and assignor is that of a partnership. Each of the partners has a specific set of duties and obligations. For the referee, this entails showing up for each assignment on time and ready to go with knowledge, tools of the trade and professional dress. It also includes items like those set forth in the bulleted list above in the Reminders section. For the assignor, it includes evenly distributing available assignments to referees qualified to handle a particular match. It also includes an obligation to the leagues to fill all of the available assignments each week during the season. As partners, referees assist the assignor in fulfilling this last obligation.

If you ever have questions, please make sure you have reviewed the videos available on the Videos page , checked the articles on the Frequently Asked Questions page, as well as checking the support materials published on the Arbiter Sports website.

LAW5015 - Ethics in legal practice