- Class Number 4302
- Term Code 3130
- Class Info
- Unit Value 6 units
- Mode of Delivery In Person
- Prof James Stellios
- Prof James Stellios
- Class Dates
- Class Start Date 22/02/2021
- Class End Date 28/05/2021
- Census Date 31/03/2021
- Last Date to Enrol 01/03/2021
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.
Upon successful completion, students will have the knowledge and skills to:
- 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
- Plan and conduct research with some form of independence in the form of a research essay;
- 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
- Move forward into their chosen professional career with a coherent and advanced understanding of how the federal judicial system operates.
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 cases on Ch III.
Prescribed reading on the Wattle site.
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.
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.
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
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 current Grading Distribution Policy has been suspended pending the development of a new policy. For further information about the interim policy 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 and updates relating to the course.
|Week/Session||Summary of Activities||Assessment|
|1||The separation of Commonwealth judicial power|
|2||Defining the content of Commonwealth judicial power|
|3||Defining the content of Commonwealth judicial power (cont)|
|4||Exclusive exercises of judicial power|
|5||Exclusive exercises of judicial power (cont)|
|8||Federal courts exercising federal jurisdiction|
|9||State courts exercising federal jurisdiction|
|10||State courts exercising federal jurisdiction (cont)|
|11||State courts exercising federal jurisdiction (cont)|
|12||The law applicable in federal jurisdiction|
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Optional quiz||0 %||15/03/2021||15/03/2021||1, 3, 4|
|Research essay||50 %||17/05/2021||31/05/2021||1, 2, 3, 4|
|Online exam||50 %||*||01/07/2021||1, 3, 4|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
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:
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
Learning Outcomes: 1, 3, 4
The optional quiz is designed to test your knowledge to the legal principles covered in the first 3 weeks of semester. This assessment task is designed to link to expected learning outcomes 1, 3 and 4.
Nature of Task: Optional, non-assessable.
Release: The quiz will be available on the WATTLE course web-page at 10.00am on Friday, 12 March 2021.
Due date: The quiz will end on Monday, 15 March at 5.00pm. The quiz will not be accessible after the closing time. No submissions after the due date are permitted.
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
Learning Outcomes: 1, 2, 3, 4
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.
Release: The essay question will be available on the WATTLE course web-page at 5.00pm on Monday, 8 March 2021.
Word limit: 2500 words excluding footnotes. Any substantive content in footnotes will not be marked. The word length must be set out clearly at the end of the final page of your essay.
Due date: The essay will be due at 5.00pm on Monday, 17 May 2021.
Estimated return date: Depending on the number of students enrolled in the course, it is expected that the results and feedback will be available by 31 May 2021.
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 will be expected to use the Australian Guide to Legal Citations 4, and failure to do so may reflect adversely on the awarded mark.
Assessment Task 3
Learning Outcomes: 1, 3, 4
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.
Exam date and duration: The online exam will be held in the end-of-semester exam period. Please consult the ANU examinations timetable. The duration of the exam is 3 hours.
Word limit: 2500 words excluding footnotes. Any substantive content in footnotes will not be marked. The word length must be set out clearly at the end of the final page of your exam.
Estimated return date: On release of final results on 1 July 2021.
The following criteria will be applied when assessing the assignment:
- 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.
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.
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.
There is no hardcopy submission requirements in this course.
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.
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.
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
James Stellios is a Professor at the ANU Law School. His primary research interest is constitutional law, and he has published widely in that field, including The Federal Judicature: Chapter III of the Constitution (LexisNexis, 2010) and the sixth edition of Professor Leslie Zines’s classic work, The High Court and the Constitution (The Federation Press, 2015). He has a particular research interest in Ch III of the Constitution. He is also a barrister at the NSW Bar, appearing as junior counsel in constitutional law cases in the High Court and lower courts.
Prof James Stellios