MLL323 Lecture 1: MLL323-Consti-Law-Notes
Document Summary
Unit examines both australian and vic constitutions and the principles that inform their history, structure and operation. Primary source of legal authority, the blueprint for govn and the document that defines the relationship b/w australians and their public institutions all in one. All legislation whether commonwealth, state or territory must be sourced to and be consistent with the australian. The hc recognizes that the common law must also conform to the constitution. In nsw, qld and tas figure below 10% Constitution: however, unlikely uk would do this. What is a (state) constitution: basic law of a state, higher or paramount law everyone is subject to the constitution; no laws at federal level can conflict with the constitution itself. Relationships: written (aus, us, india) vs unwritten (uk, nz, flexible (uk) vs entrenched (cambodia, ordinary rules (nz), vs special status (aus) Australian constitution: emphasis on rule of law". Constitutions can be written or unwritten and flexible or entrenched.
