This course covers the laws that govern the creation and operation of presidency establishments inside their political, social and economic contexts, especially the powers and limits on powers of parliaments to make laws below Australia’s federal Constitution. Nonetheless, the Court docket has articulated three exceptions: 1) Specific state officials may be sued, 2) States can waive immunity or consent to suit, and three) Congress might authorize fits in opposition to a state via the abrogation doctrine However, regarding this latter exception, the Supreme Courtroom has held in Seminole Tribe v. Florida that Congress might not, outside of the Fourteenth Modification, authorize federal lawsuits towards states in abrogation of the Eleventh Amendment’s assure of sovereign state immunity.
Running themes all through the course will embody: the interaction between constitutional regulation and politics and between constitutional and worldwide legislation, tensions between constitutionalism and democracy, constitutions as paperwork enshrining fundamental values versus entrenching political compromise, and constitutions as the idea for the empowerment versus the suppression of residents.
Bulletin on Constitutional Case-Legislation (Council of Europe, European Commission for Democracy Through Law – also called “Venice Commission” – publication of summaries of European constitutional court docket cases; also out there in electronic format).
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