This course picks up where the introductory courses Australian Public Law and Commonwealth Constitutional Law leave off. We will look at constitutional law in further detail, focusing on how Australia and other democracies use constitutional law – both written and unwritten – to regulate the democratic process (elections, referendums, parliaments, political parties, etc). 

 

We especially consider attempts to use law to improve the practice of democratic politics – for example, to make politics less partisan, more fair and equal, more rational, or more democratic. We also consider whether such legal solutions have met with success or have tended to raise new problems of their own. Looking at international comparisons will help to answer questions about whether alternative constitutional systems for regulating democracy have been effective overseas, and whether or not they could be adopted in Australia.

 

This is a semi-intensive course running for only half of the semester. The seminar format will be a mixture of discussion and lecture-style presentation, with breaks. Discussions will centre in part around informal student ‘Responses’ to readings (see below). Seminars will be punctuated by hands-on 'demonstrations' giving concrete illustrations of the themes we will discuss. There will usually be at least one demonstration per class. For example, you will try your hand at ‘gerrymandering’ to rort a hypothetical electoral system. We will also have compelling visiting speakers such as leading lawyers and top government officials. 

 

Learning Outcomes

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

1. Outline and summarise how constitutional law shapes democracy and democratic institutions in Australia and contrast it to systems in other countries;
2. Recognise and explain problems raised by the use of constitutional law to regulate democratic institutions, including partisan battles over the interpretation of legal rules, and the often elusive search for neutral decision-makers;
3. Evaluate how national or state political culture and unwritten constitutional norms play a role in shaping democracy and democratic institutions, and in turn how constitutional laws and institutions help shape political culture and norms;
4. Outline, summarise and/or synthesise advanced and coherent knowledge of the constitutional laws impacting on elections, voting, political finance, parliament, and political parties, and critique those laws in terms of democratic strengths and deficits;
5. Identify and analyse which aspects of constitutional law are most relevant to issues of political partisanship and political system fairness;
6. Question and research with some independence to produce a ‘Law Reform Paper’ on a sub-topic of constitutional law relevant to themes covered in the course;
7. Communicate law reform ideas to a variety of audiences.

Research-Led Teaching

Our study of constitutional law in this course often focuses on law as a tool of better political decision-making: does the law provide the best way for societies to decide public policy matters rationally and resolve social conflict? These themes reflect your lecturer’s areas of research. For more on these topics see the ANU webpage for Associate Professor Ron Levy http://law.anu.edu.au/staff/ron-levy.

Required Resources

All mandatory readings will be available on the course wattle site.

Recommended Resources

Statutes:

·     The Constitution

·     Commonwealth Electoral Act 1918 (Cth)

Books:

·     Ron Levy and Graeme Orr, The Law of Deliberative Democracy (Routledge, 2016)

·     Ron Levy, Ian O'Flynn and Hoi Kong, Deliberative Peace Referendums (Oxford University Press, 2021)

·     Graeme Orr, The Law of Politics: Elections, Parties and Money in Australia (Federation Press, 2010)

·     Cheryl Saunders and Adrienne Stone, The Oxford Handbook of the Australian Constitution (Oxford University Press, 2018)

·     Ron Levy, Hoi Kong, Graeme Orr and Jeff King (eds), The Cambridge Handbook of Deliberative Constitutionalism (Cambridge University Press, 2018)

Key Journals:

·     I-CON (International Journal of Constitutional Law)

·     Federal Law Review

·     Public Law

·     Public Law Review

·     Election Law Journal

·     Electoral Studies

Staff Feedback

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

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

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

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 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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Partisanship Elections, gerrymandering and constitutional law	Mon 6 Dec: Seminar 12-3pm
2	Umpires Governors-General and constitutional crises	Tues 7 Dec: Seminar 12-3pm / student Workshops 3-5pm
3	Constitutional change Constitutional referendums and reform	Wed 8 Dec: Seminar 12-3pm / student Workshops 3-5pm
4	Political parties Political representation of women and minorities	Thurs 9 Dec: Seminar 12-3pm / student Workshops 3-5pm
5	Money politics Regulating political money and corruption	Mon 13 Dec: Seminar 12-3pm / student Workshops 3-5pm
6	Socio-economic rights Substantive rights in the Constitution	Tues 14 Dec: Seminar 12-3pm / student Workshops 3-5pm
7	Constitution Making in New and Post-Conflict Democracies Constitutions, referendums, democratisation and peacemaking	Wed 15 Dec: Seminar 12-3pm / student Workshops 3-5pm
8	Remaining Student Workshops	Thurs 16 Dec: student Workshops 12-3pm

Tutorial Registration

Via Wattle.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Reading Response	30 %	*	06/01/2022	1,2,3,4,5,7
Workshop on work-in-progress	10 %	*	*	1,2,3,4,5,6,7
Law Reform Essay	60 %	17/01/2022	10/02/2022	1,2,3,4,5,6,7

* 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
• Special Assessment Consideration Guideline and General Information 
• 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

Workshop attendance is mandatory only for the week of your own work-in-progress discussion. However, all students are encouraged to attend each week. Workshop attendance will offer valuable insights into expectations for the final essay. .

Assessment Task 1

Reading Response

Details of Task: Choose any two class days' topics. For each topic chosen, write a brief, 750-word (max) critical response. No further research will be required; the aim is to think and write about the assigned readings. A how-to guide for this assignment will be posted on Wattle. You must attend classes (especially the 'Seminar' portion, 12-3pm) for the two relevant days to receive a mark for this task; you will be asked some broad opinion questions on those days.

?Nature of Task: Compulsory. Failure to submit the task will result in a 0 for this task. You must submit your Reading Response and attend the relevant class (especially the 'Seminar' portion, 12-3pm) in order to get a mark for this task.

Weighting: 30% of final mark (15% x 2)

Due Date: Each Reading Response is due at 11am on the day of the respective topic (ie, just before we discuss the topic in class).

Submission: Via Wattle Reading Responses Forum post.

Late submission: Due to the nature of the task, late submission or extension is not permitted.

Word Limit: 750 words for each chosen topic. Footnotes are not included in the word count; however, footnotes must only include references.

Estimated return date: 6 January 2022.

Bibliography and referencing: AGLC4 referencing required. Any source that you rely on or quote must be cited (except class discussions). Please do not include a bibliography/reference list.

Assessment Criteria: These Reading Responses should primarily reflect thoughtful engagement with readings and lectures discussions. Main marking criteria (equally weighted):

1.   Evidence of understanding of readings;

2.   Response is focused around an original and/or thoughtful idea;

3.   Clarity and care of expression.

Assessment Rubrics: More detailed Rubrics will be available under the ‘Assessment’ folder on the Wattle site for the course.

Assessment Task 2

Workshop on work-in-progress

Details of Task: An informal discussion of 5-10 minutes per student, during which you will receive feedback from the Convenor and other students on your developing paper. No set presentation (eg, no speech, visuals) is expected; instead, you will be asked to answer some broad questions about your plans for the paper (eg, proposed topic, thesis, and methodology). This task is most closely linked to learning outcome #6 (independent research on the Final Paper), but also potentially implicates every other outcome.

Nature of Task: Compulsory. Failure to submit the task will result in a 0 for this task. You must attend one Workshop in order to present your work-in-progress. Students are also expected to attend the other Workshops as attendees. Workshops sign-ups (on Wattle) will begin two weeks before the start of the semester. Due to the nature of the task, late submission or extension is not permitted.

Weighting: 10%

Due Date: Discuss your work-in-progress at one of the Workshops held during the course. (Students will sign up for Workshop dates on Wattle.)

Late/change of workshop times: Students can reschedule Workshops for any reason by signing up to a new time on Wattle.

Estimated return date: Same day/week (feedback is provided live in class; marks are provided later by email within the week).

Assessment Criteria: Bona fide efforts to discuss the students own work done to date, and to comment on some other students' work, will receive robust marks. By their Workshop date, students must at least have chosen a topic and done the suggested preliminary reading. This Workshop is intended solely to help you craft your paper and therefore marking is not strict. Instead of judgement of your work at this stage, you will receive (and give) concrete and constructive advice about the substantive direction of papers. Students almost invariably find Workshops helpful and low-stress.

Assessment Task 3

Law Reform Essay

Details of Task: This assignment will involve you selecting an area of the law covered in the course, researching the current law and alternative models, and arguing for or against adopting an alternative model or retaining the status quo. A list of topic options will be distributed before classes begin, along with a suggested reading to get you started. Students may also opt to write on a topic of their own choosing, but must check with the convenor about the topic’s suitability. This task relates to all seven of your intended learning outcomes; however, it is particularly relevant to #6 (‘research with some independence to produce [an essay] on a sub-topic of constitutional law relevant to themes covered in the course’) and #7 (communication). An ‘Essay Guide’ document will be available on Wattle. This assignment can serve as the 'Capstone' research essay for your degree.

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

Weighting: 60%

Word Limit: 4000 words (max). Footnotes are not included in the word count; however, footnotes must only include citations.

Release: an 'Essay Guide' document will be made available on Wattle before classes begin.

Due Date: 5pm, Monday 17 January 2022.

Late assignments: Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated return date: 10 February 2022, via Turnitin.

Referencing and bibliography: Use AGLC 4th Edition (the 2018 edition). Reference everything you did not write or think of yourself - ie, anything you quote, and any idea you rely on. Follow all other referencing rules. Please do not include a bibliography/reference list.

Assessment Criteria: The three general criteria (described in greater detail in the Rubrics) are:

1.   Evidence of broad knowledge of the subject and of any relevant course themes;

2.   Depth of analysis (centered around a single, easily identifiable, well-crafted and persuasive argument);

3.   Clarity and care of expression.

Assessment Rubrics: More detailed Rubrics will be available under the ‘Assessment’ folder on the Wattle site for the course.

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

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 take-home examinations.

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.

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.

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 Access 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