This course will introduce students to Chapter III of the Constitution. Chapter III is at the centre of the constitutional structures of government in Australia. Its provisions create the federal judicature and define the way in which it operates. Its interpretation has had a pivotal role in the design and operation of all institutions of government at the federal, State and Territory levels. Chapter III controversies have been at the core of many of the High Court's important cases over the last 10 to 15 years. All students, particularly those considering a career in litigation, should have a strong understanding of the federal judicial system. This course is designed to equip students with that understanding.

Learning Outcomes

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

1. Explain and summarise in a coherent and advanced fashion , and be able to explain to a variety of audiences: o the reasons why Ch III takes the form that it does; o the nature of judicial power and how it is exercised in Australia; o the governmental structures created by Ch III, both through the theoretical and doctrinal lenses of separation of judicial power and federalism; o how Ch III imposes limitations on the creation of government institutions at both the federal and State levels a
2. Plan and conduct research with some form of independence in the form of a research essay;
3. Apply the Ch III principles to a factual situation in the form of a take-home exam to identify legal issues and provide solutions to complex constitutional problems; and
4. Move forward into their chosen professional career with a coherent and advanced understanding of how the federal judicial system operates.

Research-Led Teaching

James Stellios is an active researcher in the field of Ch III of the Constitution and has published on topics studied during this course. He is also a practising barrister

and has appeared as junior counsel in a number of High Court and lower court Ch III cases.

Required Resources

Prescribed reading on the Wattle site.

Staff Feedback

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

• students may discuss the mark for class participation with the lecturer in the final week of classes;
• written comments on the written forms of assessment.

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). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	The separation of judicial power; defining the content of judicial power; exclusive exercises of judicial power
2	Due process and original jurisdiction
3	Federal courts exercising federal jurisdiction; State courts exercising federal jurisdiction
4	State courts exercising federal jurisdiction (cont); the law applicable in federal jurisdiction

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Optional quiz	0 %	20/12/2020	20/12/2020	1, 3, 4
Class Participation	10 %	20/01/2020	20/01/2020	1, 2, 3, 4
Exam	40 %	24/01/2020	07/02/2020	1, 2, 3, 4
Research essay	50 %	03/02/2020	14/02/2020	1, 3, 4

* 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 Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

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 ANU Online 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.

Assessment Task 1

Optional quiz

Brief Description:

The optional quiz is designed to test your knowledge to the legal principles covered in the first 2 weeks of semester. This assessment task is designed to link to expected learning outcomes 1, 2, 3 and 4.

Nature of Task: Optional, non-assessable.

Weighting: 0%

Release: The quiz will be available on the WATTLE course web-page at 10.00am on Friday, 20 December 2020.

Due date: The quiz will remain available to be completed throughout the course.

Availability of class mark: Immediate.

Assessment criteria: This assessment is not weighted towards your final grade, but you will receive a mark based on the number of correct responses. The quiz is designed so that you can test your understanding of basic concepts and obtain immediate feedback about misunderstandings without any effect on their final grades.

Assessment Task 2

Class Participation

Brief Description:

The course is designed to introduce students to the federal judicature in Ch III of the Constitution. Seminar participation is an important component of the learning process, requiring students to be engaged with the prescribed reading and to reflect on the legal principles and cases considered in the course. Attending class and actively participating in class discussions will prepare students well for the other two assessment items. This assessment task is designed to link to expected learning outcomes 1, 2, 3 and 4.

Nature of Task: Compulsory. Non completion of this task will result in a 0 for this assessment task.

Weighting: 10%

Availability of class mark: Students will have the opportunity to discuss their class participation mark with the lecturer in the last week of classes.

Assessment criteria: The following criteria will be applied when assessing class participation:

Students will be expected to read and be familiar with the prescribed reading, focusing in particular on cases identified by the lecturer on Wattle ahead of time.

Students will be expected to respond to questions in class, ask questions when unclear about the material, and engage with the cases and issues explored in lecturers.

Participation is not necessarily based on the accuracy of responses or strength of arguments. Rather, the focus will be on demonstration of having read the prescribed reading and a preparedness to engage in fruitful class discussion.

Assessment Task 3

Exam

Brief Description:

The course is designed to introduce students to the federal judicature in Ch III of the Constitution. The exam will seek to test the practical application of the legal principles covered during the course. Students will be required to demonstrate an understanding of the relevant legal principles and apply them to a factual scenario presented in the exam. This assessment task is designed to link to expected learning outcomes 1, 3 and 4. Any course material may be assessed in the exam.

Nature of Task: Compulsory. Non completion of this task will result in a 0 for this assessment task. The exam will be completed on Wattle. Late submission is not permitted for exams.

Weighting: 40%

Release: The exam question will be available on the WATTLE course web-page at 9.00am on Friday, 24 January 2020.

Due date: The exam will be due on Friday, 24 January 2020 at 11.00am.

Word limit: 1800 words inclusive of everything (notes, headings, etc.). Word limits are strictly enforced, with 0.0% leeway. The word length must be set out clearly at the end of the final page of your assignment.

Estimated return date: Friday, 7 February 2020

Assessment Criteria:

The following criteria will be applied when assessing the exam:

Students should identify the relevant issues from the factual scenario presented in the question.

Students should identify and accurately explain the applicable legal principles, providing relevant authority in support.

Students should accurately and concisely apply the legal principles to the factual scenario, drawing by analogy from the cases considered in the course where relevant and appropriate.

Students should avoid irrelevant issues.

Students should have a well-structured and written answer that responds to the question and organises ideas and arguments in a logical way.

Students must comply with the principles of academic honesty.

Assessment Task 4

Research essay

Brief Description: The course is designed to introduce students to the federal judicature in Ch III of the Constitution. The essay question will require students to explore and critically analyse a question on the federal judicial system. This assessment task is designed to link to expected learning outcomes 1, 2 and 4.

Nature of Task: Compulsory. Non completion of this task will result in a 0 for this assessment task. Late submissions (without an extension) are permitted. However, penalties for late submissions will be applied.

Weighting: 50%

Release: The essay question will be available on the WATTLE course web-page at 10.00am on Friday, 13 December 2020.

Word limit: 1800 words inclusive of everything (notes, headings, etc.). Word limits are strictly enforced, with 0.0% leeway. The word length must be set out clearly at the end of the final page of your assignment.

Due date: The essay will be due on Monday, 3 February 2020 at 9.00am

Estimated return date: Friday, 14 February 2020

Assessment Criteria:

The following criteria will be applied when assessing the essay:

Students will be expected to critically reflect on course material relevant to the question.

Students will be expected to demonstrate strong research and analytical skills. Research should cover relevant and appropriate primary and secondary materials, be wide-ranging, and critically selected and used. There should be appropriate use of authority to support the arguments put forward.

Students will be expected to demonstrate clear communication skills in presenting arguments, ideas and analysis.

Students will be expected to organise arguments and ideas in a structured way and respond to the question asked. Arguments should be clearly expressed and well-reasoned.

Students must comply with the principles of academic honesty.

Students will be expected to use the Australian Guide to Legal Citations, and failure to do so may reflect adversely on the awarded mark.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

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. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

There is no hardcopy submission requirements in this course.

Late Submission

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

• 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 take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions 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.

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 Diversity and inclusion 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 and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students