Building on previous public law studies, particularly Australian Public Law, this course deepens student understanding of key aspects of the Commonwealth Constitution and its judicial interpretation by the High Court. Particular attention will be paid to the historical, social and institutional forces which have helped shape the Constitution and the High Court's reading of it.

The course includes:

• the historical, social and institutional context of Australian constitutional law;
•  the scope of Commonwealth legislative power, including the corporations power (s 51(xx)), the external affairs power (s 51(xxix)); the 'races' power (s51(XXVI)), the process of characterisation and the principle in the Communist Party Case;
•  inconsistency between Commonwealth and State laws (s 109);
•  federal financial powers and economic union;
•  general principles and theories of interpretation;
• the Engineers Case and implied intergovernmental immunities;
•  the implied freedom of political communication; and
•  the nature of judicial review and the role of the High Court.

In conjunction with LAWS1205 Australian Public Law, this course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Federal and State Constitutional Law.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Synthesise and apply the fundamental principles of Commonwealth Constitutional Law.
2. Research, examine and interpret constitutional provisions and legal authorities, and apply constitutional principles to propose solutions to constitutional law problems, incorporating a diverse range of perspectives.
3. Critically analyse a factual problem, reasoning to a conclusion by analogy to the decided cases.
4. Explore and analyse the role and impact that the High Court of Australia has had on the development of constitutional principles, the character of the federal system in Australia and the health of federal institutions of government.
5. Examine and reflect on the historical and social context within which the constitutional principles have been developed.
6. Select and apply a range of approaches to written and/or oral communication, and apply the critical thinking required to develop and communicate solutions to complex Commonwealth Constitutional law problems.

Research-Led Teaching

Research-led teaching is a significant part of this course. Lectures are taught by experts in their respective fields.

Field Trips

None; however, students are encouraged to attend a session at the High Court or another court for first-hand experience.

Required Resources

A weekly plan will be released detailing the required and recommended reading. The reading will generally be based on the text: Bateman, Meagher, Simpson and Stellios, Hanks’ Australian Constitutional Law: Materials and Commentary (LexisNexis, 11th ed, 2021). However, students who do not have access to this text will be provided with alternative ways to access the relevant cases and materials.

Recommended Resources

Students are encouraged to consult the full-text of the High Court judgments studied in the course through the free website: https://www.austlii.edu.au/cgi-bin/viewdb/au/cases/cth/HCA/

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Week 1: Introduction to Commonwealth Constitutional Law	In line with the University’s recording policy, lectures will be recorded and made available for students on Echo360.However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be providedTutorials are not recorded.3h lecture
2	Week 2: Taxation power	3h lecture
3	Week 3: External affairs power	3h lecture
4	Week 4: Intergovernmental immunities	3h lecture
5	Week 5: Corporations power	3h lecture
6	Week 6: Aliens power	3h lecture + 1h tutorial
7	Week 7: Races power	3h lecture + 1h tutorial
8	Week 8: Inconsistency	3h lecture + 1h tutorial
9	Week 9: Defence power and Communist Party Case	3h lecture + 1h tutorial
10	Week 10: Freedom of interstate trade	3h lecture + 1h tutorial
11	Week 11: Implied freedom of political communication	3h lecture + 1h tutorial
12	Week 12: Revision	Details TBA

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Quiz	0 %	23/08/2024	30/08/2024	1,3,4,5
Online Mid-Semester Test	40 %	05/09/2024	11/10/2024	1,2,3,6
Written Assignment	20 %	23/10/2024	*	1,2,3,4,5,6
Final Examination	40 %	*	*	1,2,3,6

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

While participation in class is not marked, Tutorial attendance is essential for this course as they will not be recorded. Tutorial involve discussion as well as practice in the ways of applying law to specific fact scenarios. Tutorial attendance is thus essential for good performance in the course. Students should ensure they watch or attend the relevant lecture prior to attending tutorials.

Examination(s)

This course will include a final examination. Examinations are conducted on campus during the University's examination period. Students should consult the exam timetable when it has been finalised.

Assessment Task 1

Online Quiz

Details of Task: There is one quiz during the semester. It is intended to allow students to gauge how well they are absorbing class content up to Week 5. The quiz questions will be a mix of multiple choice and true/false responses. (NB: knowledge of the law alone is not sufficient for command of legal materials. It is more important that students participate in seminars to test their ability to apply legal concepts to factual circumstances.)

Nature of Task: Optional. Strongly encouraged but does not count toward overall course mark. This assessment task is designed to give students an opportunity to receive feedback on their progress in the course.

Weighting: 0%

Release: 10am, Friday 23 August 2024 via Wattle.

Duration: Once you have commenced your attempt, you will have 60 minutes to complete it. The quiz will finish after 60 minutes and any open attempts will close and be submitted automatically. Please allow sufficient time to complete your attempt.

Due Date: 10am, Friday 30 August 2024. As this task is open for more than 24 hours, no time adjustments shall be applied for this task. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: Results are available immediately upon completion of quiz.

Assessment Criteria: The mark for the quiz will be based on the number of correct responses.

Assessment Task 2

Online Mid-Semester Test

Details of Task: Compulsory test of knowledge designed to test your understanding of the legal rules and principles covered in the first half of the course. Collaboration with other students is not permitted. The test will seek to test the practical application of the legal rules and principles covered during approximately the first half of the course. Students will be required to demonstrate an understanding of the relevant legal rules and principles and apply them to a factual scenario presented in the test.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 40%

Release: 2pm, Thursday 5 September 2024 via Wattle.

Word Limit: 2,000 words (excluding notes; but any notes must only include citations). The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. Referencing can appear either in footnotes or in the main body text. Only informal references (eg 'Workchoices') are needed; AGLC formatting and pinpoint citations are not required.

Due Date: 4pm, Thursday 5 September 2024. Please leave yourself some time before the submission deadline in case something goes wrong with the submission process. No late submissions permitted.

Note: If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for the second and final test here. The College will give you one final opportunity to complete the assessment, at the same time one week later. This will be your final opportunity to complete the task. If you have already accessed the assessment, you will not be approved for rescheduling and will need to complete the task by the due date. 

Estimated Return Date: 11 October 2024

Assessment Criteria:

Answers will be marked according to how well they:

• Identify the relevant ISSUES from the factual scenario presented in the question, while avoiding irrelevant issues.
• Outline the applicable legal RULES (ie, principles, providing relevant authority in support).
• Explore the APPLICATION of the legal principles to various details in the factual scenario, drawing by analogy from any relevant cases considered in the course. (NB: The APPLICATION step is typically the most important part of the answer; it is where the most marks are awarded.)
•  Concisely state a CONCLUSION.

Assessment Task 3

Written Assignment

Details of Task: This assignment is designed to give students an opportunity to research and develop an argument in a number of different formats in which constitutional law analyses may be presented: an 'Op-Ed', an academic research paper and an 'amicus' brief to a court. Further information and guidance will be provided on Wattle.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 20%

Word Limit: 1,250 words (excluding notes; but any notes must only include citations). The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. Footnotes should be used for the referencing of all sources. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: 5pm, Wednesday 23 October 2024. Late submission (without an extension) is permitted, although late penalties will apply. Please be mindful that if you are in your final semester, late submissions will have an impact on your eligibility to graduate on time.

Estimated Return Date: Official end of semester results release date via Turnitin. 

Assessment Criteria:

Written assignments will be marked according to how well they:

• Are structured: There should be a clear central argument. The whole paper should defend, explore and deepen this central argument.
• Are clearly presented: Papers should be simply and logically organised. They should use headings and subheadings, appropriate terminology, and correct grammar, syntax and spelling. The style must also be consistent with the AGLC 4th ed.
• Reason persuasively and rigorously, and demonstrate critical and original thinking.
• Demonstrate sound research and analytical skills. The paper must demonstrate adequate breadth and depth of research, and an ability to apply the research in the construction of key arguments. Primary and secondary materials should both be covered.
• Make accurate and succinct use of relevant legal materials. All arguments must be supported by relevant authorities.

Assessment Task 4

Final Examination

Details of Task: Compulsory in-person exam designed to test your understanding of the legal rules and principles covered in the second half of the course. The exam will seek to test the practical application of the legal rules and principles covered during approximately the second half of the course. Students will be required to demonstrate an understanding of the relevant legal rules and principles and apply them to a factual scenario presented in the exam.

Nature of Task: Compulsory and non-redeemable. Failure to sit this exam will result in a mark of zero for this task.

Weighting: 40%

Time, Date and Duration: Students should consult the ANU Examination Timetable closer to the examination period to confirm the final time, date and duration of the examination.

If you experience extenuating circumstances and are unable to sit the examination at its scheduled time and date, you should submit an Extenuating Circumstances Application (ECA), via ISIS, within five working days of the original date of the examination. Your application will be processed by the Examinations Office. If it is approved, they will notify you, via email, of the details of your deferred examination which will be held during the first week of the following semester.

Estimated Return Date: Official end of semester results release date. 

Assessment Criteria:

Answers will be marked according to how well they:

• Identify the relevant ISSUES from the factual scenario presented in the question, while avoiding irrelevant issues.
• Outline the applicable legal RULES (ie, principles, providing relevant authority in support).
• Explore the APPLICATION of the legal principles to various details in the factual scenario, drawing by analogy from any relevant cases considered in the course. (NB: The APPLICATION step is typically the most important part of the answer; it is where the most marks are awarded.)
•  Concisely state a CONCLUSION.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

Feedback on written assignments will be available through Turnitin, accessed from the course Wattle page. All marks and feedback will be provided by the return date listed in the class summary. 

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission will not be available.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Accessibility for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students