Building on previous public law studies, particularly Australian Public Law, this course aims to deepen student understanding of key aspects of the Commonwealth Constitution and the way it has been interpreted by the High Court of Australia. Specifically, we consider:

• The scope of Commonwealth legislative power, by reference to key federal heads of legislative power including the corporations power (s 51(xx)), the external affairs power (s 51(xxix)), the races power (s 51(xxvi), the taxation power (s 51(ii)) and the grants power (s 96);
• The principles of interpretation and ‘characterisation’ applied by the High Court when interpreting the scope of federal legislative power;
• The principles that operate to resolve a clash or conflict between Commonwealth and State laws (s 109);
• Many of the important constitutional limitations placed on the exercise of Commonwealth and State legislative power, including both the express limitations set out in the text (eg, ss 90 and 92) and those that have been implied by the High Court from the text and structure of the Constitution (egs, federal/State immunities, and implications from representative government);
• The important role that the High Court has played in shaping the federal system and protecting federal government institutions created by the Constitution; and
• The historical and social context in which federal constitutional law has developed.

Learning Outcomes

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

1. Explain and apply the constitutional law principles developed by the High Court to a hypothetical factual problem presenting questions about the validity and applicability of federal and State legislation
2. Identify the appropriate constitutional provisions and legal authorities to support the explanation and application of constitutional principles in the course of problem solving
3. Analyse a factual problem, reasoning to a conclusion by analogy to the decided cases
4. Recognise and explain the role played by the High Court of Australia in shaping the federal system and protecting federal institutions of government
5. Recognise and explain the historical and social context within which the constitutional principles have been developed
6. Analyse and assess the impact that the High Court has had on the development of constitutional principles, the character of the federal system in Australia and the health of federal institutions of government

Required Resources

Meagher, D; Simpson, A; Stellios, J; Wheeler, F, Hanks’ Australian Constitutional Law: Materials and Commentary (LexisNexis, 10th ed, 2016)

Staff Feedback

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

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

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.

Other Information

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

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

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

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

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/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 details on weekly classes and any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Seminar 1: Introduction to Commonwealth Constitutional Law
2	Seminar 2: Corporations
3	Seminar 3: External Affairs	Quiz released
4	Seminar 4: Taxation
5	Seminar 5: Spending
6	Seminar 6: Inconsistency	Quiz removed Mid-semester take-home examination next week
7	Seminar 7: Intergovernmental Immunities (I)
8	Seminar 8: Intergovernmental Immunities (II)
9	Seminar 9: Freedom of Interstate Trade
10	Seminar 10: Freedom of Political Communication (I)
11	Seminar 11: Freedom of Political Communication (II)
12	Seminar 12: Freedom of Political Communication (III)

Tutorial Registration

All JD students will be enrolled in Wednesday seminar 2-5pm.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Optional Online Quiz	0 %	30/08/2019	30/08/2019	1,3,5
Seminar participation (optional redeemable)	10 %	28/10/2019	28/10/2019	1,2,3,6
Mid-Semester Take-home Examination	30 %	02/09/2019	04/10/2019	1,2,3,4,5,6
Final Take-Home Examination	70 %	31/10/2019	28/11/2019	1,2,3,4,5,6

* 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 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.

Participation

The course includes an optional redeemable participation component as indicated above. Online student will be able to participate by streaming into the seminar.

Examination(s)

The course includes 2 examinations: the mid-semester examination and the final examination.

Assessment Task 1

Optional Online Quiz

Details of Task: The optional quiz is designed to test your knowledge to the legal principles covered in the first 3 weeks of semester.

Nature of Task: Optional.

Weighting: 0%

Release: Week 3 (5 August at 5pm) on Wattle.

Due date: Week 6 (30 August at 5pm).

Estimated return date: Immediate

Assessment Criteria: This assessment is not weighted towards a student’s final grade, but the feedback provided to students will include a mark based on the number of correct responses. The quiz is designed so that students can test their understanding of basic concepts and obtain feedback about misunderstandings without any effect on their final grades.

Assessment Task 2

Seminar participation (optional redeemable)

Details of the task: The seminar participation component is optional and redeemable and will be based on participation in seminars. The seminar participation is designed to develop all learning objectives with an emphasis on oral communication. This is also an essential skill you should develop throughout your law degree – being able to articulate the principles of law you are learning and "think on your feet".

The participation grade will be based on a student’s contributions throughout the entire program but emphasis will be given to their contribution in a particular week of seminars where they have nominated to be ‘on-deck’. Students must also sign up to be ‘on-deck’ for a (ie one) particular week of the seminar program. Enrolment into seminars and ‘on-deck’ sign-up will be available online on WATTLE from the time the site goes live. There will be limited places in each seminar and on-deck places each week. Enrolment into seminar groups and on-deck places will be on a first come first served basis.

Students who are ‘on-deck’ should be in a position to respond to questions from their seminar leader and to take a leading role in class discussion. However, this contribution is not intended to exclude the participation of others. All students will be encouraged to participate in each seminar. Those students who sign-up to be on-deck will be assessed on both their general contribution together with their ‘on-deck’ contribution. 

Note: All students must enroll in a seminar group. It will not be possible to attend a seminar group if you are not enrolled. (See ‘Teaching and Learning Approach and Activities’ above).

Nature of the task: Optional seminar participation.

Weighting: 10% redeemable at the final exam.

Due Date: Ongoing

Estimated return date: End of examination period, with feedback from seminar leader provide throughout the semester.

Assessment Criteria:

Class participation marks will be awarded according to how well students: 

• identify the relevance of contributions to themes developed in class and in assigned readings;
• are accurate in their contributions;
• are clear in their expression and make persuasive arguments;
• contribute to fostering discussion;
• encourage and respect others’ contributions;
• make contributions of quality, rather than quantity.

Assessment Task 3

Mid-Semester Take-home Examination

Brief Details: Compulsory take-home exam designed to test practical application of the legal principles covered in seminars. The take-home exam is an opportunity to test legal problem solving skills via the application of constitutional principles. Collaboration with other students is not permitted.

Nature of Task: The mid-semester examination is compulsory and non-redeemable. If you do not attempt the examination, you will receive a 0 for this task.

Weighting: 30%

Word Limit: 1,800 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.

Duration: 4 hours (well-prepared students should be able to complete the examination in 3¼ hours, leaving 45 minutes for proofreading)

Release: Monday 2 September 2019, 9am via Wattle.

Due date: Monday 2 September 2019, 1pm via Wattle (Turnitin). Late submission of examinations in not permitted.

Estimated return date: Week 11 Via Turnitin.

Assessment Criteria: Answers will be marked according to the following criteria:

• How well you identify the relevant issues from the factual situation presented in the question;
• How well you identify and accurately explain the applicable legal principles giving authority;
• How well you understand the Constitution and High Court judgments and use them in your legal reasoning;
• How well you accurately and concisely apply the legal principles to the factual situation, arguing where possible by analogy from the cases studied;
• Your ability to avoid irrelevant issues; and
• How well you have structured and written an answer that responds to the question and organises ideas and arguments in a logical way.

Assessment Task 4

Final Take-Home Examination

Brief Description: Compulsory final exam composed of two equally-weighted parts: (1) a problem solving question (worth 50% of the exam), and (2) essay questions (worth 50% of the exam). The problem solving question requires knowledge covered in seminars for weeks 6-12. The essay questions require critical reflection on themes covered in the entire course (weeks 1-12). Students will have a choice of essay questions. The exam will be open-book.

Nature of Task: The final examination is compulsory and non-redeemable. If you do not attempt the assignment, you will receive a 0 for this task.

Weighting: 60% or 70% (30% or 35% for each sub-task).

Timing: During final examination period.

Duration: 2 hours writing time and 30 minutes reading time.

Due Date: To be confirmed. Late submission of exams is not permitted.

Return date: End of semester results via Turnitin.

Assessment Criteria: Answers will be marked according to the following criteria:

• How well you identify the relevant issues from the factual situation presented in the question;
• How well you identify and accurately explain the applicable legal principles giving authority;
• How well you understand the Constitution and High Court judgments and use them in your legal reasoning;
• How well you accurately and concisely apply the legal principles to the factual situation, arguing where possible by analogy from the cases studied;
• Your ability to avoid irrelevant issues; and
• How well you have structured and written an answer that responds to the question and organises ideas and arguments in a logical way.

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community 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 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 University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your take-home exams. Please keep a copy of the exam for your records.

Hardcopy Submission

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

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 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