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 - 2020
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 unit evaluations/personal observation
Blackshield and Williams is an excellent text however it is lengthy making it difficult for some students to complete the weekly reading.
Review other textbooks to assess if there are any other books of similar quality but shorter length.
Feedback from Student emails, unit evaluation
Students enjoyed the contextual/historical approach
Continue to teach material in context
- 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 - Written Assessment - 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 - Written Assessment - 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
Australian Constitutional Law: Concepts and Cases
Edition: 1 (2020)
Authors: Luke Beck
Cambridge University Press
Port Melbourne Port Melbourne , Vic , Australia
ISBN: 9781108758192
Binding: eBook
Additional Textbook Information
This book is an eBook and chapters will be made available as part of your eReading list for the unit.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th 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: 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
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
Module/Topic
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
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
Resource Summary Due: Week 6 Monday (24 Aug 2020) 10:00 pm 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; 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 (14 Sept 2020) 10:00 pm AEST
Module/Topic
Parliament and 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
Module/Topic
Chapter
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
1 Group Work
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. You will be placed into a pair by week 4 if you have not found someone to work with, so ensure that you inform your coordinator if you have found a partner.
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.
You will receive an individual grade for your work.
Week 6 Monday (24 Aug 2020) 10:00 pm AEST
Online (via Moodle)
Week 8 Friday (11 Sept 2020)
Feedback will be supplied on Moodle and/or Gradebook
Collegiality, ability to assist others with their learning.
Writing and communication skills - write in an appropriate style.
Further details of assessment details will be posted to Moodle.
- 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 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.
Week 9 Monday (14 Sept 2020) 10:00 pm AEST
Online, via Moodle
Week 11 Friday (2 Oct 2020)
Feedback on Moodle and/or Gradebook
The paper will be assessed on:
- Depth and breadth of research
- Critical thinking skills
- Coherence and structure of discussion/argument
Further details for assessment, including a rubric, will be provided on Moodle.
- 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
3 Written Assessment
A take home paper will be released to students during exam week.
This paper will be similar to past invigilated exams, but will be sat at home and submitted via Moodle.
There will be a timeframe of 24 hours to complete and submit the paper.
More details about this assessment will be supplied on Moodle.
Criteria for this assessment includes: knowledge of Australian constitutional law, history and theory, ability to spot issues and apply constitutional law to unique problem scenarios, ability to write in a clear and convincing way.
More details will be supplied via Moodle.
- 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
- 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
- Cross Cultural Competence
- Ethical practice
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?
