Australian Constitutional Law

Study Notes

The Australian Constitution is the supreme law of Australia, adopted in 1900.
It establishes the framework of the federal system, dividing power between the Commonwealth and the states.
Key features:
- Federal system: division of power between Commonwealth and states.
- Separation of powers: legislative, executive, and judicial branches.
- Representative democracy: Parliament represents the people.
Important sections:
- Section 51: outlines Commonwealth legislative powers.
- Section 92: guarantees freedom of trade and commerce.
- Section 109: resolves conflicts between Commonwealth and state laws.

Criminal law in Australia is primarily a state and territory responsibility.
However, the Commonwealth has jurisdiction over certain crimes, such as:
- Terrorism
- Drug offenses
- Cybercrime
Key principles:
- Actus reus: the guilty act (physical element).
- Mens rea: the guilty mind (mental element).
- Strict liability: no mens rea required.
Criminal procedure:
- Police investigation and arrest.
- Charging and bail.
- Trial: prosecution and defense.

Tort law in Australia is based on common law principles.
Aims to provide a remedy for civil wrongs, such as:
- Negligence
- Intentional torts (e.g., assault, battery)
- Strict liability torts (e.g., product liability)
Key concepts:
- Duty of care: a person or entity owes a duty to another.
- Breach of duty: failure to meet the standard of care.
- Causation: the breach caused the harm.
- Damages: compensation for harm suffered.
Defenses:
- Contributory negligence: plaintiff's own negligence contributed to the harm.
- Volenti non fit injuria: plaintiff voluntarily assumed the risk.

Australian Constitution is the supreme law of Australia, adopted in 1900.
It establishes the framework of the federal system, dividing power between the Commonwealth and the states.
Key features of the Australian Constitution include:
- A federal system that divides power between the Commonwealth and states.
- Separation of powers between the legislative, executive, and judicial branches.
- A representative democracy where Parliament represents the people.
Important sections of the Australian Constitution include:
- Section 51, which outlines the Commonwealth's legislative powers.
- Section 92, which guarantees freedom of trade and commerce.
- Section 109, which resolves conflicts between Commonwealth and state laws.

Criminal law in Australia is primarily a state and territory responsibility.
The Commonwealth has jurisdiction over certain crimes, including:
- Terrorism
- Drug offenses
- Cybercrime
Key principles of criminal law include:
- Actus reus, which is the guilty act (physical element).
- Mens rea, which is the guilty mind (mental element).
- Strict liability, where no mens rea is required.
Criminal procedure involves:
- Police investigation and arrest
- Charging and bail
- Trial, where the prosecution and defense present their cases

Tort law in Australia is based on common law principles.
The purpose of tort law is to provide a remedy for civil wrongs, such as:
- Negligence
- Intentional torts (e.g., assault, battery)
- Strict liability torts (e.g., product liability)
Key concepts in tort law include:
- Duty of care, where a person or entity owes a duty to another
- Breach of duty, where there is a failure to meet the standard of care
- Causation, where the breach caused the harm
- Damages, which provide compensation for harm suffered
Defenses in tort law include:
- Contributory negligence, where the plaintiff's own negligence contributed to the harm
- Volenti non fit injuria, where the plaintiff voluntarily assumed the risk