Students

LAWS807 – Constitutional Law

2017 – S1 Day

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Joel Harrison
Contact via joel.harrison@mq.edu.au
W3A Rm 512
11am-12pm, Tuesdays
Credit points Credit points
4
Prerequisites Prerequisites
LAWS803 and LAWS805
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
This unit analyses the Constitution of the Commonwealth of Australia and the New South Wales Constitution. The Commonwealth Constitution is the founding, national document that sets out the powers of the Commonwealth and its structure of government. During this course, you will consider what that means. You will consider how the constitutional texts are interpreted, analyse practices affecting the operation of government in Australia, and reflect on constitutional change. You will examine what type of legal order Australia has: the fundamental distributions of power in Australia between the states and the Commonwealth; between the legislature, executive, and judiciary; and between the government and individual citizens.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • Analyse central constitutional law concepts, structural features, and implications arising from the constitutional text.
  • Identify constitutional law principles within cases.
  • Assess different theories of constitutional interpretation and understand their relationship to different doctrinal positions.
  • Evaluate what is necessary for a constitution, assessing current deficiencies and strengths in the Commonwealth Constitution.
  • Apply constitutional law to new fact problems.
  • Develop a case analysis for class presentation, facilitating thoughtful class discussion with coherent arguments addressing the court’s reasoning.

General Assessment Information

Macquarie Law School Assessment Policy

In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero.  Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation.  Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.

Word limits will be strictly applied and work above the word limit will not be marked. 

All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.

Moderation

Detailed marking guidelines will be made available on iLearn. The convenor moderates all assessments. All Fail research essays and take-home examinations are double marked.

Assessment Tasks

Name Weighting Hurdle Due
Research Essay 40% No Friday 5 May, 10pm
In-Seminar Presentation 10% No Beginning in Week 5
Take-Home Examination 50% No Thursday 15 June

Research Essay

Due: Friday 5 May, 10pm
Weighting: 40%

Essays must be submitted in double line spaced text, 12 point font.  The word limit is 2,000 words, excluding footnotes.  Footnotes should only be used for references, with no further discussion.  Content over 2,000 words will not be marked. A bibliography should not be provided.

The essay must comply with the Australian Guide to Legal Citation (3 ed).  The Guide is available here <http://mulr.law.unimelb.edu.au/go/AGLC3>

All work is to be submitted via Turnitin on iLearn. Late submissions will not be marked and will receive a mark of 0.

The essay question and assessment guidance will be released via iLearn.


On successful completion you will be able to:
  • Analyse central constitutional law concepts, structural features, and implications arising from the constitutional text.
  • Identify constitutional law principles within cases.
  • Assess different theories of constitutional interpretation and understand their relationship to different doctrinal positions.
  • Evaluate what is necessary for a constitution, assessing current deficiencies and strengths in the Commonwealth Constitution.

In-Seminar Presentation

Due: Beginning in Week 5
Weighting: 10%

For internal students:

Seminar presentations will start in Week 5. 

Students will prepare and deliver a presentation on one case relevant to that week’s topic and discussion.  A list of cases that you may choose from will be provided. 

Students will be asked to elect their week for presentation and case selection via email on a date nominated by the convenor (following a first-in, first-served policy).

Further details on the presentation requirements (marking guideline and length) will be provided on iLearn.

For external students:

Seminar presentations will take place at the first compulsory on-campus session (two days), and the final, voluntary on-campus session (one day). Students will prepare and deliver a presentation on one case relevant to one of the topics set down for the OCS.  A list of cases that you may choose from will be provided. 

Students will be asked to elect their topic and case selection via email on a date nominated by the convenor (following a first-in, first-served policy).  The ‘topics’ for the OCS will correspond to the weekly topics set out on iLearn.

Further details on the presentation requirements (marking guideline and length) will be provided on iLearn.


On successful completion you will be able to:
  • Analyse central constitutional law concepts, structural features, and implications arising from the constitutional text.
  • Identify constitutional law principles within cases.
  • Assess different theories of constitutional interpretation and understand their relationship to different doctrinal positions.
  • Develop a case analysis for class presentation, facilitating thoughtful class discussion with coherent arguments addressing the court’s reasoning.

Take-Home Examination

Due: Thursday 15 June
Weighting: 50%

This is a take-home examination, completed online.  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 appealing to constitutional doctrine, principles, and theory.  The questions are equally weighted.

The examination can cover any material in the unit.

Students will be able to access the examination paper on iLearn from 9am, Thursday 15 June and must submit their answers by 1pm, Thursday 15 June. All work is to be submitted via Turnitin on iLearn.

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).’

Late submissions will not be marked and will receive a grade of 0.

Further details and assessment guidance will be provided on iLearn.

As with all Law units, Law 314 has an exception to the assessment policy allowing a take-home examination during the formal exam period.


On successful completion you will be able to:
  • Analyse central constitutional law concepts, structural features, and implications arising from the constitutional text.
  • Identify constitutional law principles within cases.
  • Evaluate what is necessary for a constitution, assessing current deficiencies and strengths in the Commonwealth Constitution.
  • Apply constitutional law to new fact problems.

Delivery and Resources

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. The schedule of topics to be covered in the lectures is available on iLearn and a list is available below (unit schedule).

Internal students have a weekly 1.5 hour seminar from week 1 (reading is required for Week 1’s seminar).

External students have a compulsory two day on campus session and an optional third day.  You are strongly encouraged to attend all the third day, and may be required to if you are giving a presentation. 

All students should be aware that seminars contain new material not covered in the lectures and not otherwise recorded.  Seminars will also include practice problem questions.

The required text is: Peter Gerangelos et al (eds), Winterton’s Australian Federal Constitutional Law: Commentary and Materials (Thomson Reuters, 3rd ed, 2013). It is available from the Macquarie University Co-op Bookshop. Additional reading will be available via iLearn or else linked to publicly available sources.

Students require access to a computer and a secure and reliable server.

The research essay and final examination must be submitted electronically via Turnitin.

Unit Schedule

(1) Introduction: Federation; Independence; Constitutionalism

(2) Interpretation and Federal Heads of Power

- Constitutional Interpretation; Engineers

(3) External Affairs Power

(4) Corporations Power

(5) Federalism 1

- State Constitutions; State and Federal Law Inconsistency

(6) Federalism 2

- Federal Theory; Financial Relations; Equal Treatment Provisions; Freedom of Interstate Trade

(7) Executive Power

(8) Judicial Power 1

- Separation of Powers; Chapter III; Boilermakers First Limb

(9) Judicial Power 2

- Boilermakers Second Limb; State Courts and the Incompatibility Doctrine

(10) Express Rights and a Bill of Rights

(11) Implied Rights and Freedoms

(12) Indigenous Peoples of Australia

- Sovereignty; The Race Power; Indigenous Recognition and Referendum

Policies and Procedures

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_2016.html

Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html

Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html​

Disruption to Studies Policy (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html

Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Results

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.

Macquarie Law School Assessment Policy

In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero.  Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation.  Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.

Word limits will be strictly applied and work above the word limit will not be marked. 

All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Graduate Capabilities

PG - Capable of Professional and Personal Judgment and Initiative

Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.

This graduate capability is supported by:

Learning outcome

  • Develop a case analysis for class presentation, facilitating thoughtful class discussion with coherent arguments addressing the court’s reasoning.

Assessment task

  • In-Seminar Presentation

PG - Discipline Knowledge and Skills

Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.

This graduate capability is supported by:

Learning outcomes

  • Analyse central constitutional law concepts, structural features, and implications arising from the constitutional text.
  • Identify constitutional law principles within cases.
  • Assess different theories of constitutional interpretation and understand their relationship to different doctrinal positions.
  • Evaluate what is necessary for a constitution, assessing current deficiencies and strengths in the Commonwealth Constitution.
  • Apply constitutional law to new fact problems.
  • Develop a case analysis for class presentation, facilitating thoughtful class discussion with coherent arguments addressing the court’s reasoning.

Assessment tasks

  • Research Essay
  • In-Seminar Presentation
  • Take-Home Examination

PG - Critical, Analytical and Integrative Thinking

Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.

This graduate capability is supported by:

Learning outcomes

  • Analyse central constitutional law concepts, structural features, and implications arising from the constitutional text.
  • Identify constitutional law principles within cases.
  • Assess different theories of constitutional interpretation and understand their relationship to different doctrinal positions.
  • Evaluate what is necessary for a constitution, assessing current deficiencies and strengths in the Commonwealth Constitution.
  • Apply constitutional law to new fact problems.
  • Develop a case analysis for class presentation, facilitating thoughtful class discussion with coherent arguments addressing the court’s reasoning.

Assessment tasks

  • Research Essay
  • In-Seminar Presentation
  • Take-Home Examination

PG - Research and Problem Solving Capability

Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.

This graduate capability is supported by:

Learning outcomes

  • Analyse central constitutional law concepts, structural features, and implications arising from the constitutional text.
  • Apply constitutional law to new fact problems.

Assessment tasks

  • Research Essay
  • In-Seminar Presentation

PG - Effective Communication

Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.

This graduate capability is supported by:

Learning outcomes

  • Analyse central constitutional law concepts, structural features, and implications arising from the constitutional text.
  • Identify constitutional law principles within cases.
  • Evaluate what is necessary for a constitution, assessing current deficiencies and strengths in the Commonwealth Constitution.
  • Apply constitutional law to new fact problems.
  • Develop a case analysis for class presentation, facilitating thoughtful class discussion with coherent arguments addressing the court’s reasoning.

Assessment tasks

  • Research Essay
  • In-Seminar Presentation
  • Take-Home Examination

PG - Engaged and Responsible, Active and Ethical Citizens

Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues

This graduate capability is supported by:

Learning outcomes

  • Assess different theories of constitutional interpretation and understand their relationship to different doctrinal positions.
  • Evaluate what is necessary for a constitution, assessing current deficiencies and strengths in the Commonwealth Constitution.

Changes from Previous Offering

The presentation assessment has been modified to focus on a case.

Weighting for the presentation has been reduced to 10%; the take-home examination is now 50%.

Changes since First Published

Date Description
16/01/2017 Office Hour changed