CQUniversity Unit Profile
LAWS11065 Constitutional Law
Constitutional Law
All details in this unit profile for LAWS11065 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

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

Career Level: Undergraduate
Unit Level: Level 1
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

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 - 2019

Online

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).

Class and Assessment Overview

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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Group Work
Weighting: 10%
2. Written Assessment
Weighting: 40%
3. Examination
Weighting: 50%

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.

Previous Student Feedback

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 Unit evaluation feedback

Feedback

Could you please label the weeks with a subject heading.

Recommendation

Weeks to be labeled with week number and topic area on Moodle to enhance navigation.

Feedback from Unit evaluation feedback

Feedback

Overheads have not been provided for this subject. You will use these in exams to shortcut where to find material in the open book exams.

Recommendation

The powerpoint slides ("overheads") were provided and were posted on Moodle before the end of semester due to two requests from students. I usually prefer not to do this as I believe they should go hand in hand with the audio, however, was happy to accommodate.

Feedback from Unit evaluation feedback

Feedback

I found the course content really interesting and accessible. The structure of the course was excellently planned as it incrementally added knowledge throughout building on key theories and cases.

Recommendation

Retain new course structure

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. 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
  2. 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
  3. 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 Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

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 and Resources

Textbooks

Prescribed

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

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Susan Bird Unit Coordinator
s.p.bird@cqu.edu.au
Schedule
Week 1 Begin Date: 15 Jul 2019

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 

Week 2 Begin Date: 22 Jul 2019

Module/Topic

Constitution in Context: the history of the Australian Constitution 

Chapter

George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018) Chapter 3 

Events and Submissions/Topic

Tutorial 2

Week 3 Begin Date: 29 Jul 2019

Module/Topic

Federalism and the Division of Power between Commonwealth and the States; State Constitutions

Chapter

George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018), Chapter 7; 7.1-7.14; 7.42-7.49. Chapter 8; 8.1-8.8.

Events and Submissions/Topic

Tutorial 3

Week 4 Begin Date: 05 Aug 2019

Module/Topic

The Parliament and the Constitutional Heads of Power I: The External Affairs Power

Chapter

George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018), Chapter 21. Chapter 13 - Section on Standing 13.73.

Events and Submissions/Topic

Tutorial 4

Week 5 Begin Date: 12 Aug 2019

Module/Topic

Skills Week: Research and Writing in Constitutional Law 

Chapter

n/a

Events and Submissions/Topic

Tutorial 5

Study Break Begin Date: 19 Aug 2019

Module/Topic

Mid-Term Break

Chapter

Events and Submissions/Topic

No tutorial

Week 6 Begin Date: 26 Aug 2019

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 (26 Aug 2019) 10:00 pm AEST
Week 7 Begin Date: 02 Sep 2019

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

Week 8 Begin Date: 09 Sep 2019

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

Week 9 Begin Date: 16 Sep 2019

Module/Topic

Separation of powers, including separation of judicial powers; The Executive

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 (16 Sept 2019) 10:00 pm AEST
Week 10 Begin Date: 23 Sep 2019

Module/Topic

Heads of Power II: Immigration and Aliens Power

Chapter

George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018); Chapter 22.

Events and Submissions/Topic

Tutorial 10

Week 11 Begin Date: 30 Sep 2019

Module/Topic

Changing the Constitution


Chapter

George Williams et al, Constitutional Law and Theory: Commentary and Materials (7th Ed) (Federation Press, 2018), Chapter 30 (pp1408-1434).


Events and Submissions/Topic

Tutorial 11

Week 12 Begin Date: 07 Oct 2019

Module/Topic

Revision

Chapter

n/a

Events and Submissions/Topic

Tutorial 12

Review/Exam Week Begin Date: 14 Oct 2019

Module/Topic

Review/Exam Week

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 21 Oct 2019

Module/Topic

Exam Week

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Group Work

Assessment Title
Summarise a resource for a team member

Task Description

To complete the two written assessments in this unit, you will need to find another student (or two) to work with.  A Moodle forum will be set up to facilitate this process.  Part of this assessment allows you to display your ability to work with another student in a team, and students should take the initiative to organise the pairings themselves.

Two topics will be posted to the Moodle site.  You and your chosen partner will select one topic each.

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.  The summaries should aim to be 500 words in length.  There will be many resources on the topic in the textbook.  You may also find resources through your own research, with the agreement of your partner.

Submit the summary you prepared for the other student to Moodle.  Ensure that your name and that of your partner appears on the summary.  It should be clear to me who has written the summary, and who is the partner.

The idea in this assessment is to work as a team, where you each act as a research assistant for your partner in locating and assessing the suitability of a resource for them.  This will assist your partner in the preparation of the larger research project, and lead to discussions between partners (or wider groups) around the topics.  


Assessment Due Date

Week 6 Monday (26 Aug 2019) 10:00 pm AEST

Online (via Moodle)


Return Date to Students

Week 8 Monday (9 Sept 2019)

Results and comments will be posted on Moodle and/or Feedback Studio


Weighting
10%

Assessment Criteria

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.



Referencing Style

Submission

No submission method provided.


Submission Instructions
Online (to Moodle), and emailed to team members

Learning Outcomes Assessed
  • 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.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Ethical practice

2 Written Assessment

Assessment Title
Research Paper

Task Description

This is a written assessment which will allow you to research you choice of two topics posted to Moodle.  The Assessment 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).  Students are to select the topic which was not chosen for assessment one.

Topics will be released on the Moodle site during semester.


Assessment Due Date

Week 9 Monday (16 Sept 2019) 10:00 pm AEST

Submission to Moodle


Return Date to Students

Week 11 Monday (30 Sept 2019)

Results and comments will be posted on Moodle and/or Feedback Studio


Weighting
40%

Assessment Criteria

The paper will be assessed on:

  • Depth and breadth of research
  • Critical thinking skills
  • Coherence and structure of argument

Further details for assessment, including a rubric, will be provided on Moodle.


Referencing Style

Submission

No submission method provided.


Submission Instructions
Online (through Moodle)

Learning Outcomes Assessed
  • 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.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy

Examination

Outline
Complete an invigilated examination

Date
During the examination period at a CQUniversity examination centre

Weighting
50%

Length
120 minutes

Exam Conditions
Open Book

Materials
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Academic Integrity Statement

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?