Unit convenor and teaching staff |
Unit convenor and teaching staff
Joel Harrison
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
LAWS805
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
The state is the most powerful organisation in a western society such as Australia. The principal elements of its internal structure — legislative, executive and judicial — are established and regulated by high-level legal norms, termed 'constitutional law' and mostly contained in a document named "the Constitution". This unit examines the basic structures of representative and responsible government, the structure and content of the Constitution of the Commonwealth of Australia and the relationship between the Commonwealth and the States unit. It then critically examines Australian constitutional law, principally the Commonwealth Constitution and considers alternatives to a federal system such as monarchy, democracy and republic. It considers the Constitution's origins, judicial interpretation and current issues — as well as its prospects, including amendment, extension (such as addition of a bill of rights) and replacement.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
The research essay and final exam must be submitted electronically via Turnitin.
Name | Weighting | Due |
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Research Essay | 40% | 29 April 2015 |
Group Presentation | 20% | Beginning Week 8 |
Final Examination (Take Home) | 40% | 12 June 2015 |
Due: 29 April 2015
Weighting: 40%
This is a research essay. You are required to develop an argument concerning the appropriate method for interpreting the Commonwealth Constitution. You must conduct your own research beyond the textbook. As the assessment description provides, a good essay will analyse both case law and academic arguments. (See iLearn for further details and assessment guidance.)
The Question:
‘Each generation reads the Constitution in the light of accumulated experience.’
Kartinyeri v Commonwealth (1998) 195 CLR 337, [132] (Kirby J)
Discuss.
Due:
29 April 2015, 10pm.
Due: Beginning Week 8
Weighting: 20%
Group Presentation
For internal students: From Week 8, groups will begin the seminar with a 25 minute presentation, followed by questions. Groups will be allocated in Week 1, and presentation weeks will be randomly allocated. AV facilities will be available. As a group, your task will be to:
For external students: an individual presentation of ten minutes, followed by questions, will be required on either day two of the first compulsory on campus session (9 April) or the final, voluntary on campus session (16 May). Topics will be allocated online; students should then check their chosen question with the convenor. The requirements are the same as those set out above.
See iLearn for further details and assessment guidance, when available.
Due: 12 June 2015
Weighting: 40%
This is a take-home exam. It will consist in two questions – one fact pattern problem, asking you to apply constitutional law to a new set of facts; one general essay question asking you to develop an argument. The questions are equally weighted. The exam can cover any material in the unit.
Students will be able to access the examination paper on iLearn from 9am, Friday 12 June and must submit their answers by 12pm (midday), Friday 12 June.
A student's answers to the exam questions cannot exceed 3,000 words (combined). This is an upper word limit. A student need not write 3,000 words if he or she can answer the questions in less than 3,000 words. A bibliography is not required. While referencing is required; footnoting is not. Rather, a student may reference for the exam in this manner:
e.g. ‘The High Court has held that the race power permits the Commonwealth to pass laws for the benefit or detriment of indigenous persons (Kartinyeri).’
Weekly lectures in this unit will be pre-recorded and available to students on iLearn. These will commence in Week 1 and go through to Week 12 or 13. The schedule of topics to be covered in the lectures is available on iLearn.
We also meet for a weekly 1.5 hour seminar from week 1 for internals (reading is required for Week 1’s seminar). External students will have a compulsory two day on campus session.
The required text is: Gerangelos et al (eds), Winterton’s Australian Federal Constitutional Law: Commentary and Materials (3 ed 2013, Thomson Reuters). It is available from the Macquarie University Co-op Bookshop. Additional reading will be available via iLearn, e-reserve, or else publicly available.
Students require access to a computer and a secure and reliable server.
See Laws 807 iLearn page.
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Additional Macquarie Law School policy on assessment
In the absence of a successful application for special consideration, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero.
Word limits will be strictly applied and work above the word limit will not be marked.
Footnotes are only to be used for referencing. Substantive material in footnotes will not be marked.
All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
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