All students are required to attend both days of the On-Campus Session (OCS).  Students who do not attend both days of the on-campus session will not be eligible to pass the unit unless they are prevented from attending by some unavoidable disruption and some alternative arrangement has been negotiated in advance of the OCS with the Unit Convener. In the case of an emergency on the dates on the OCS, the convenor must be contacted immediately. Students must enrol in one of the 2x2 day OnCampus Sessions: 11-12, or 13-14 December 2012.

Overview:

Choose ONE of the FOUR specified topics for your initial research essay arising from the topics specified in the Study Guide for Topics 1-6 (see the four questions below)

Issue date: 3 October 2012

Due date: 12 midday Thursday 20 December 2012

Word Length: 2-3000 words

Value: 30%

Submission: Turnitin and through COE e-Assignment

General Guidance and Directions:

Students must choose to write on ONE of the FOUR following topics, which are drawn from the first 6 Lecture Topics and Recorded Lectures.

1. Quis custodiet ipsos custodes? [Who will guard the guardians?] asked Juvenal in his Satires (6.347-48). In the light of this observation, discuss critically the role of the High Court of Australia’s impact on the political development of the Commonwealth of Australia.

2. The Senate has been called ‘unrepresentative swill’ (Paul Keating, Prime Minister, 1992). Critically analyze the role of the Senate in the ‘federal compact’ and its relevance today.

3. The Preamble to the Commonwealth of Australia Constitution Act 1900 (UK) states: ‘Whereas the people … agreed to unite in one indissoluble Federal Commonwealth …’. This could be said to encapsulate the conundrum that lies at the heart of Australian governance. Critically discuss.

4. What really is the constitutional and political relationship between ‘the Commonwealth’ and ‘the States’?

Guidance for the Research Essay

The research essay must investigate the question from the points of view of constitutional law, judicial interpretation, and political history and evolution. Students must draw upon the lectures, lecture notes and Course Materials, and any other scholarly journal or books, and answer the question having regard overall to the Constitution, its interpretation, and the impact of that interpretation. Students have considerable discretion as to how they answer the question—there are many possible ways of viewing and answering each question. Therefore the student must initially outline the understanding of the question and the methodology used in answering it: e.g. constitutional, political and historical, or constitutional political and economic for say either Q3 or Q4… However, at the heart of the paper there must be a good stringent constitutional analysis.

The assessment task will provide an opportunity for students to use research skills developed in earlier years of the degree through independent research and to apply analytical skills specifically tailored to constitutional law issues. It will test students’ understanding of the law, as well as their understanding of the historical importance of particular Constitutional provisions and judicial decisions, and allow them an opportunity to demonstrate their analytical and critical capacities, and their writing skills. This task requires that students come to a reasoned analytical conclusion on the particular problem or issue associated with their chosen topic.

The completed assessment task must be submitted by 12 midday Thursday 20 December 2012.

Critical Research Paper  on a topic of the student’s choice arising from any one of the 13 topics set in the Study Guide for the semester other than the topic chosen for Assessment 1.

Issue date: Students must notify the Convenor of the topic at least by the end of the OnCampus Session that he or she is attending.

Due date: 3 pm Tuesday 22 January 2013.

Word Length: 3,500-5,000 words

Value: 60%

Guidance on this Assessment:

This assessment task enables students to choose a major research task, from the 13 topics set down for discussion and study, other than the topic chosen for the first assessment task. Students must notify the Convenor of their topic before the end of the OCS that they attend.

This research essay must focus on a difficulty or problem associated with the chosen topic, and investigate the problem from the points of view of constitutional law, judicial interpretation, and political history and evolution. Students must submit their topic in writing to the Convenor, and receive approval for the topic before beginning work. This must be done before the end of the OnCampus Session.

The assessment task will provide an opportunity for students to use the skills already enumerated for the first assessment task. It is envisaged, however, that the level of sophistication of analysis will have improved in this second task. Independent research is a necessity, as well as the student employing his or her own original analysis, bringing to bear informed criticism of the judicial, political and historical developments concerning the chosen topic.

The completed assessment task must be submitted by midday,  3 pm Tuesday 22 January 2013; length: 3,500-5,000 words; Value 60%; Submission: Turnitin and through COE e-Assignment.