Students

LAWS3000 – Constitutional Law

2020 – Session 1, Weekday attendance, North Ryde

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Due to the Coronavirus (COVID-19) pandemic, any references to assessment tasks and on-campus delivery may no longer be up-to-date on this page.

Students should consult iLearn for revised unit information.

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General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor / Lecturer
Jemimah Roberts
6 First Walk, Room 521
Mondays 12-1pm (please email to make an appointment beforehand)
Credit points Credit points
10
Prerequisites Prerequisites
20cp in LAW or LAWS units at 2000 level
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description

This unit introduces students to fundamental principles of constitutional law and practice in Australia, including 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. The unit places constitutional principles and doctrines in a wider context by exploring some of the questions that arise in relation to the framework for law and government in Australia. These include: federalism; democracy and citizenship; the rule of law; parliamentary sovereignty; and the relationships among the legislative, executive and judicial powers.

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:

  • ULO1: Analyse central constitutional law concepts, structural features, and implications arising from the constitutional text.
  • ULO2: Identify constitutional law principles within cases.
  • ULO3: Assess different theories of constitutional interpretation and understand their relationship to different doctrinal positions.
  • ULO4: Evaluate what is necessary for a constitution, assessing current deficiencies and strengths in the Commonwealth Constitution.
  • ULO5: Apply constitutional law to new fact problems.

Assessment Tasks

Coronavirus (COVID-19) Update

Assessment details are no longer provided here as a result of changes due to the Coronavirus (COVID-19) pandemic.

Students should consult iLearn for revised unit information.

Find out more about the Coronavirus (COVID-19) and potential impacts on staff and students

Delivery and Resources

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Any references to on-campus delivery below may no longer be relevant due to COVID-19.

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The required text is: George Williams, Sean Brennan and Andrew Lynch, Blackshield and Williams Australian Constitutional Law and Theory: Commentary and Materials (Federation Press, 7th ed, 2018). (Please note - we will be using the standard text NOT the abridged version). Additional set readings will be available via iLearn or else publicly available.

Please ensure you also acquire a copy of the Commonwealth Constitution and bring it to your classes.  A pdf version is available here: http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution

OTHER RESOURCES

Some further resources that might be of use as recommended reading are:

  • Melissa Castan and Sarah Joseph, Federal Constitutional Law: A Contemporary View (Thomson Reuters, 5th ed).
  • Cheryl Saunders, The Constitution of Australia: A Contextual Analysis (Hart Publishing, 2010)
  • James Stellios, Zines' The High Court and the Constitution (Federation Press, 2015, 6th ed).

Unit Schedule

Coronavirus (COVID-19) Update

The unit schedule/topics and any references to on-campus delivery below may no longer be relevant due to COVID-19. Please consult iLearn for latest details, and check here for updated delivery information: https://ask.mq.edu.au/account/pub/display/unit_status

Week 1: Foundations of Australian Constitutional Law

 

Week 2: Constitutional Interpretation and Characterisation

 

Week 3: External Affairs Power

 

Week 4: Corporations Power

 

Week 5: Federalism and State Constitutional Law

 

Week 6: The Executive Part 1

 

Week 7: The Executive Part 2

 

Week 8: Separation of Judicial Power

 

Week 9: Limits on Power 1: Express Rights and Bills of Rights

 

Week 10: Limits on Power 2: Implied Freedom of Political Communication

 

Week 11: Limits on Power 3: Freedom of Interstate Trade and Intergovernmental Immunities

 

Week 12: Constitutional Change

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/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/study/getting-started/student-conduct​

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@mq.edu.au

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 help you improve your marks and take control of your study.

The Library provides online and face to face support to help you find and use relevant information resources. 

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

If you are a Global MBA student contact globalmba.support@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.