Constitutional law tutoring
Get on top of constitutional problems.
Constitutional law problems follow a set order: whether there is a head of power, whether the law is valid, and whether any limits apply. Working to that order keeps the analysis controlled. The same approach applies across the topics.
The challenge
Where students get stuck
Characterisation is the most common difficulty. It requires identifying the head of power, often in section 51, applying the sufficient connection test, and dealing with dual characterisation and purposive powers. The limits each involve their own test, including section 109 inconsistency, the implied freedom of political communication and its structured test, and the Chapter III limits on courts. Marks go to answers that work through each test in order and with authority, rather than by general impression.
How I help
We begin with characterisation and build outward: identify the power, state the test with authority, apply it to the operation of the law, then address each limit as a separate issue. The implied freedom and section 109 involve several steps, and we practise applying each in order. We work through past problems until the sequence is reliable and the answer is structured and grounded in authority.
The method in action
A reliable answer under exam pressure comes from a fixed routine, not from inspiration. The same four steps run every argument. A small set of rule shapes tells each argument what it has to do. Below is the routine, then a worked problem that puts it to work. The method is the same for any problem.
The four steps, every time
Know the shape of the rule
Several requirements, all of which must be met. Miss one and the whole rule fails.
What it makes you doRun every item. One gap sinks the rule.
Met if any one of several alternatives is met.
What it makes you doTo defeat it, rule out every alternative, not just the obvious one.
Applied by weighing two competing things against each other.
What it makes you doMove between the two. Do not list one side and then the other in separate piles.
A rule that applies unless a defined exception is made out.
What it makes you doState the general rule, then test only the things that could trigger the exception.
Something that happens after the act and may cut the legal link between the act and the harm.
What it makes you doTest it on the facts. It breaks the link only when it is both independent and overwhelming, which is rare.
Worked example
The implied freedom is a limit on power. Each provision is tested in stages.
Do the donation cap and the poster ban burden political communication?
A law is tested by whether it burdens political communication (Lange v ABC). Capping donations "above $500" burdens it, because donations fund political communication. Banning posters "within 100 metres" of a polling place burdens it directly. Both clear stage one.
Do the provisions pursue a purpose compatible with representative government?
The purpose must be compatible with the constitutionally prescribed system of representative and responsible government (McCloy v NSW). Preventing corruption is a legitimate purpose for the donation cap. Protecting orderly voting is legitimate for the poster ban. Both clear stage two.
Are the provisions proportionate, that is, suitable, necessary and adequate?
Proportionality asks whether a law is suitable, necessary and adequate in its balance (McCloy v NSW). The "$500" cap is a reasonable means of limiting corruption, so it is likely valid. The "100 metres" poster ban is doubtful. This is because a narrower rule could protect orderly voting without banning all posters across that radius.
What is the result?
The donation cap is likely valid. The poster ban probably fails. This is because it burdens political communication more than is necessary to protect orderly voting.
Now the same answer, dissected step by step.
The implied freedom is a limit on power. Each provision is tested in stages.
Sets out the issues and the order they are taken.
Do the donation cap and the poster ban burden political communication?
A law is tested by whether it burdens political communication (Lange v ABC). Capping donations "above $500" burdens it, because donations fund political communication. Banning posters "within 100 metres" of a polling place burdens it directly. Both clear stage one.
Applies the burden question to each provision with authority.
Do the provisions pursue a purpose compatible with representative government?
The purpose must be compatible with the constitutionally prescribed system of representative and responsible government (McCloy v NSW). Preventing corruption is a legitimate purpose for the donation cap. Protecting orderly voting is legitimate for the poster ban. Both clear stage two.
Tests purpose against the constitutional system with authority.
Are the provisions proportionate, that is, suitable, necessary and adequate?
Proportionality asks whether a law is suitable, necessary and adequate in its balance (McCloy v NSW). The "$500" cap is a reasonable means of limiting corruption, so it is likely valid. The "100 metres" poster ban is doubtful. This is because a narrower rule could protect orderly voting without banning all posters across that radius.
Weighs suitability, necessity and balance, where the two provisions diverge.
What is the result?
The donation cap is likely valid. The poster ban probably fails. This is because it burdens political communication more than is necessary to protect orderly voting.
Reaches different results and pins the reason to proportionality.
The implied freedom protects political communication. Both laws restrict it, because donations and posters are political. The government has good reasons, stopping corruption and keeping polling places orderly. But the laws go too far and breach the freedom, so they are invalid. People have a right to political communication and these laws take it away.
This is a pass-level answer. Click each line to see where the marks are lost.
Spending your time under pressure
A workable time split for a 45 minute problem. Adjust it to suit your exam.
Now try one
Work it yourself using IRAC. Fill in each step, then submit to self-check and reveal the model answer. This is a quick check for the essentials; full marking is coming.
Issue. Whether the three-day social media advertising ban infringes the implied freedom.
Rule. The law must burden political communication, pursue a legitimate purpose, and be proportionate (McCloy v NSW).
Application. A ban on "all political advertising on social media" burdens communication. Preventing misinformation is legitimate. However, a total ban on a whole medium for three days is likely not necessary.
Conclusion. The ban probably fails. This is because it is disproportionate, burdening communication more than is necessary.
Study it in pieces
The subject, one topic at a time
Constitutional law is a subject of powers and limits, so it is broken into five parts. Open any topic to study it on its own page, with the idea, where it comes from, how it is examined and the trap to avoid. Every topic here is examined as a hypothetical, a problem you solve on the facts. Universities structure these topics differently, so check your subject's reading guide to confirm what's on your syllabus.
New · Practice bank: work 100 exam-style constitutional law problems, 15 full exam scenarios and 3 mid-semester papers, with Pass and H1 model answers and examiner's comments. →1Commonwealth power
The heads of power and how a law is characterised under them.
2The federal balance
Inconsistency, the immunities and the money power.
3The institutions
Executive power and the two judicial power doctrines.
4Trade and taxation limits
The economic guarantees that police State schemes.
Common questions
Constitutional Law tutoring FAQ
Do you cover power and the limits?
Yes. Characterisation and the heads of power. Section 109. The implied freedom. The Chapter III limits.
Characterisation confuses me. Can you help?
Yes. It is the spine of the subject. We drill the sufficient connection test with worked examples.
Can we focus on exam problems?
Yes. We practise past problems and build the step by step structure.
Related subjects: Principles of Public Law, Administrative Law, Criminal Law & Procedure. See all subjects, or read the publication on practice hypotheticals.
Get on top of Constitutional Law.
Step through the interactive method for this subject and see exactly what earns the marks.