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Part A: Foundational concepts What is a constitution? What is its purpose? What should it contain? What is the difference between political and legal constitutionalism?

Part A: Foundational concepts

What is a constitution?

What is its purpose?

What should it contain?

What is the difference between political and legal constitutionalism?

In what ways did British and American constitutionalism influence the drafting of the Australian (Commonwealth) Constitution? Is it correct to describe Australia's constitutional arrangements as the "Washminster" mutation?

In groups, discuss the meaning of the following concepts (and the extent to which each is applicable in the Australian context):

  1. Rule of law
  2. Responsible government
  3. Parliamentary sovereignty
  4. Federalism
  5. Judicial review
  6. Separation of powers

Part B: Introducing the Commonwealth Constitution

Have a look at the text of the Commonwealth Constitution, taking note of its structure and specific sections. Are there any of these provisions surprise you? Are there any notable omissions? How would you characterise it as a document?

How does the Commonwealth Constitution allocate power?

Why was it enacted?

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