Overview
LAWS11065 Constitutional law examines the organization, source and limits of Commonwealth and State powers, and the relations between the three branches of government at Commonwealth and State levels. In this unit you will examine State and Commonwealth constitutions and constitutional systems; the constitution and operation of the legislature, executive and judiciary; the relationship between the different institutions of government and the separation of powers; and the relationship between the different levels of government. This unit meets the LPAB requirements for federal and state constitutional law.
Details
Pre-requisites or Co-requisites
There are no requisites for this unit.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 2 - 2018
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Student survey and emails
The unit should be taught in year 2.
The Law Discipline should strongly consider making the unit a year 2 unit. This move would be consistent with the practices of most Australian LLB programs.
Feedback from Student survey and emails
The 30-minute drop-in sessions (in addition to the regular weekly tutorials) were strongly appreciated by the students and assisted in their learning.
This practice should be continued. Over 20% of the cohort attended the drop-in sessions which provided further opportunity to dig deeper into and amplify on complex Constitutional Law concepts and cases.
Feedback from Student survey and emails
The group assessment caused problems for some students.
Whilst the value of group assessments is recognised in the literature, it might be important to provide opportunities for students to do group assessment individually especially when there are insurmountable difficulties coordinating or contacting fellow distance students or when relationships and communications break down. As well, the formation of groups should not be finalised until after the Census Date.
Feedback from Student survey
Assessments were returned on time and with adequate feedback.
All the assessments were returned on time and provided with adequate feedback to ensure that students understood their strengths and the areas for improvement. This was accomplished mainly because all the marking was done by the Unit Coordinator. The use of casual markers had caused major problems in the past.
- Explain and discuss key constitutional law principles such as Australian federalism, the constitution and operation of the legislature, executive and judiciary, the relationship between the different institutions of government and the doctrine of separation of powers, constitutionalism, rule of law, parliamentary sovereignty, the relationship between the different levels of government, and responsible and representative government
- Research case law and demonstrate critical thinking in applying case law, and key provisions and legal principles of the Australian Commonwealth Constitution, State constitutions, and statutes, to constitutional law issues and problems
- Critically examine, evaluate, and explain the theoretical and actual operation and relationship of the Australian legislature, executive, and judiciary, at both federal and state levels.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 1 - Written Assessment - 40% | |||
| 2 - Group Work - 10% | |||
| 3 - Examination - 50% | |||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 1 - Communication | |||
| 2 - Problem Solving | |||
| 3 - Critical Thinking | |||
| 4 - Information Literacy | |||
| 5 - Team Work | |||
| 6 - Information Technology Competence | |||
| 7 - Cross Cultural Competence | |||
| 8 - Ethical practice | |||
| 9 - Social Innovation | |||
| 10 - Aboriginal and Torres Strait Islander Cultures | |||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 40% | ||||||||||
| 2 - Group Work - 10% | ||||||||||
| 3 - Examination - 50% | ||||||||||
Textbooks
Australian Constitutional Law and Theory
Edition: 7th (2018)
Authors: George Williams, Sean Brennan and Andrew Lynch
The Federation Press
Annandale Annandale , New South Wales , Australia
ISBN: 9781760021511
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
s.p.bird@cqu.edu.au
Module/Topic
Introduction: What is a constitution? Constitutional law basics
Chapter
George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018) Chapter 1 'Foundations'
Appendix 1 Australian Constitution pp 1436-1453
Events and Submissions/Topic
Tutorial 1
Module/Topic
Constitution in Context
Chapter
George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018) Chapter 2 'Origins'
Events and Submissions/Topic
Tutorial 2
Module/Topic
Division of Power between Commonwealth and the States
Chapter
George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018), Chapter 7
Events and Submissions/Topic
Tutorial 3
Module/Topic
Chapter
George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018), Chapter 21
Events and Submissions/Topic
Tutorial 4
Module/Topic
Skills Week: Research and Writing in Constitutional Law
Chapter
n/a
Events and Submissions/Topic
Tutorial 5
Module/Topic
Mid-Term Break
Chapter
Events and Submissions/Topic
No tutorial
Module/Topic
Express Rights
Chapter
George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018), Chapter 27
Events and Submissions/Topic
Tutorial 6
Summarise a resource for a team member Due: Week 6 Monday (20 Aug 2018) 8:00 am AEST
Module/Topic
Implied Rights
Chapter
George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018), Chapter 29
Events and Submissions/Topic
Tutorial 7
Module/Topic
Citizenship, voting and representation
Chapter
George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018), Chapter 17
Events and Submissions/Topic
Tutorial 8
Module/Topic
Separation of powers, including separation of judicial powers
Chapter
George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018), Chapter 1 1.48- 1.50 and Chapter 12 para 12.10-12.21 (Whitlam and the Governor-General).
Events and Submissions/Topic
Tutorial 9
Research Paper Due: Week 9 Monday (10 Sept 2018) 8:00 am AEST
Module/Topic
The Constitution and the Environment
Chapter
George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018), Standing 13.73; Tasmanian Dam case 12.67-70, 21.53-21.75
Events and Submissions/Topic
Tutorial 10
Module/Topic
Where to now? Future Possibilities
Chapter
Reading TBA
Events and Submissions/Topic
Tutorial 11
Module/Topic
Revision
Chapter
n/a
Events and Submissions/Topic
Tutorial 12
Module/Topic
Review/Exam Week
Chapter
Events and Submissions/Topic
Module/Topic
Exam Week
Chapter
Events and Submissions/Topic
Please be advised that readings may change closer to the weeks in question. If this occurs, it will be announced on the News Forum. It is very important to read your CQUniversity email and read the Moodle News Forum for any updates or changes.
1 Group Work
There will be four research topics posted to the Moodle site during semester. You are to chose one to be the focus of your research assignment.
For this assessment, you are to pair up with someone who has selected one of the other topics (not the same as the one you have chosen).
To assist each other, you will prepare a summary of a resource related to your team member's chosen topic. In return, they will produce a summary of a resource on your chosen topic.
These summaries are to be discussed between the pairs.
Submit the summary you prepared for the other student to Moodle.
The summaries should be 500 words in length.
More details TBA.
Week 6 Monday (20 Aug 2018) 8:00 am AEST
Online (via Moodle)
Week 9 Monday (10 Sept 2018)
Results and comments will be posted on Moodle and/or Feedback Studio
Collegiality, ability to assist others and learn about topics beyond your own.
Writing and communication skills - write in an appropriate style.
Further details of assessment details will be posted to Moodle.
No submission method provided.
- Explain and discuss key constitutional law principles such as Australian federalism, the constitution and operation of the legislature, executive and judiciary, the relationship between the different institutions of government and the doctrine of separation of powers, constitutionalism, rule of law, parliamentary sovereignty, the relationship between the different levels of government, and responsible and representative government
- Research case law and demonstrate critical thinking in applying case law, and key provisions and legal principles of the Australian Commonwealth Constitution, State constitutions, and statutes, to constitutional law issues and problems
- Critically examine, evaluate, and explain the theoretical and actual operation and relationship of the Australian legislature, executive, and judiciary, at both federal and state levels.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Ethical practice
2 Written Assessment
This is a written assessment which will allow you to research one of four topics proposed by the coordinator. It should refer to both cases and commentary on Constitutional law, and show a critical understanding of the law, including connections to social, political and/or theoretical perspectives. You may draw on current political or historical events in the research paper.
Expected length is 2000 words.
This exercise ties in with the group exercise (see above).
Topics will be released on the Moodle site during semester.
Week 9 Monday (10 Sept 2018) 8:00 am AEST
Submission to Moodle
Week 12 Monday (1 Oct 2018)
Results and comments will be posted on Moodle and/or Feedback Studio
The paper will be assessed on:
- Depth and breadth of research
- Critical thinking skills
- Coherence and structure of argument
Further details for assessment will be provided on Moodle.
No submission method provided.
- Explain and discuss key constitutional law principles such as Australian federalism, the constitution and operation of the legislature, executive and judiciary, the relationship between the different institutions of government and the doctrine of separation of powers, constitutionalism, rule of law, parliamentary sovereignty, the relationship between the different levels of government, and responsible and representative government
- Research case law and demonstrate critical thinking in applying case law, and key provisions and legal principles of the Australian Commonwealth Constitution, State constitutions, and statutes, to constitutional law issues and problems
- Critically examine, evaluate, and explain the theoretical and actual operation and relationship of the Australian legislature, executive, and judiciary, at both federal and state levels.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
Examination
No calculators permitted
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
