Students

LAWS3000 – Constitutional Law

2022 – Session 1, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Professor of Constitutional Law and Unit Convenor
Professor Tina Hunter-Schulz
Contact via via iLearn Page
6 First Walk, office 445
11-12 Wednesday
Tutor
Maureen Klar
Contact via via iLearn
3-4pm Thursday
Unit Co-Convenor and Tutor
Catherine Greentree
Contact via via iLearn
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.
  • ULO4: Evaluate what is necessary for a constitution, assessing current deficiencies and strengths in the Commonwealth Constitution.
  • ULO3: Assess different theories of constitutional interpretation and understand their relationship to different doctrinal positions.
  • ULO5: Apply constitutional law to new fact problems.

General Assessment Information

Late Submission Penalty Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – ten (10) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.

Assessment Tasks

Name Weighting Hurdle Due
Essay 40% No 15 April 2022 23:59
Tutorial Participation 15% No End of Week 13
Take Home Test 45% No Exam Week

Essay

Assessment Type 1: Essay
Indicative Time on Task 2: 40 hours
Due: 15 April 2022 23:59
Weighting: 40%

 

Students will be required to engage in independent research to present a written response to a particular question of Constitutional Law.

 


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.

Tutorial Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 20 hours
Due: End of Week 13
Weighting: 15%

 

Students will be assessed on their participation in tutorial debates, problem-solving, appropriate questioning, and understanding of the materials. This will require preparation before the tutorial – ie completing the required reading and preparing thoughts/answers to the tutorial materials.

 


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.
  • Assess different theories of constitutional interpretation and understand their relationship to different doctrinal positions.
  • Apply constitutional law to new fact problems.

Take Home Test

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 4 hours
Due: Exam Week
Weighting: 45%

 

A time-limited assessment involving written responses to problems of Constitutional Law

 


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.

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

Thirteen one-hour lectures weekly at 12pm (Wednesdays, weeks 1-13)

Thirteen one-hour online lectures (Released Wednesdays weeks 1-13)  

Twelve one-hour tutes, weeks 2-13

Unit Schedule

Unit Schedule: Constitutional Law – Semester 1

 

 

Week number

Lecture topic

Tutorial topic

1

Fundamentals of Constitutional Law

NO TUTORIAL

2

Commonwealth States and territories (1)

Federation and the Constitution

3

Commonwealth States and territories (2)

States and the Commonwealth – inconsistency of laws

4

Constitutional Interpretation and Characterisation

The Territories  and Commonwealth intervention

5

Parliament and Power (1) - Overview and trade and commerce power

Constitutional scope and interpretation

6

Parliament and Power (2) - Acquisition of property on just terms

Overview

T&C power

7

Parliament and Power (3) - external affairs

Just terms: The Castle

8

Parliament and Power (4) – Finance: Taxation, revenue and spending

External Affairs – treaties and domestic law

9

The Executive

Revenue and spending

10

High Court: Scope, Jurisdiction, Activism

Scope and limits of the executive’s power

11

Judicial power – commonwealth and states

Judicial activism

12

Constitutional Rights and Freedoms

Scope and limits of the judiciary

13

The Constitution and Indigenous freedoms

Constitutional rights and freedoms

 

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

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

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/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

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

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

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

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

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

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.


Unit information based on version 2022.02 of the Handbook