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

Research-Led Teaching

Research-led teaching is a significant part of this course. Lectures are taught by experts in their respective fields. See ANU web pages for Ron Levy, James Stellios and Michelle Worthington. 

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 don't have access to this text will be provided with alternative ways to access the relevant cases and materials.

Recommended Resources

Masterclass reading: Ron Levy, 'Fixed Constitutional Commitments: Evaluating Environmental Constitutionalism's "New Frontier"' (2022) 46(1) Melbourne University Law Review (available to students on Wattle). NB: This version of the course is distinguished in part by a Special Topics Masterclass reserved for JD students. The Masterclass is tentatively scheduled for Week 6. At this evening session, the Convenor and potentially other speakers from the field will discuss 'environmental constitutionalism' - the use of constitutions to address challenges such as climate change. JD students are strongly encouraged to attend in person or to participate online.

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). 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	Week 1: Introduction to Commonwealth Constitutional Law	1.5h lecture + 1.5h seminar (Levy)
2	Week 2: Taxation power	1.5h lecture + 1.5h seminar (Stellios)
3	Week 3: External affairs power	1.5h lecture + 1.5h seminar (Stellios)
4	Week 4: Races power	1.5h lecture + 1.5h seminar (Stellios)
5	Week 5: Intergovernmental immunities	1.5h lecture + 1.5h seminar (Stellios) + QUIZ
6	Week 6: Corporations power	1.5h lecture + 1.5h seminar (Worthington) + JD MASTERCLASS WEEK
7	Week 7: Aliens power	1.5h lecture + 1.5h seminar (Worthington)
8	Week 8: Inconsistency	1.5h lecture + 1.5h seminar (Worthington)
9	Week 9: Defence power and Communist Party Case	1.5h lecture + 1.5h seminar (Levy)
10	Week 10: Freedom of interstate trade	1.5h lecture + 1.5h seminar (Levy)
11	Week 11: Implied freedom of political communication	1.5h lecture + 1.5h seminar (Levy)
12	Week 12: Revision	Details TBA

Tutorial Registration

In lieu of tutorials all students will enrol in one of several seminar streams. Seminars are essential and will feature presentation of course materials, discussion, and live practice of problem questions.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Quiz	10 %	29/08/2022	06/09/2022	1,3,4,5
Mid-semester Examination	35 %	*	14/10/2022	1,2,3,6
Op-Ed Assignment	20 %	24/10/2022	01/12/2022	1,2,3,4,5,6
Final Examination	35 %	*	01/12/2022	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 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 Academic Integrity . 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, Seminar attendance is essential for this course. Seminars present novel content and involve discussion as well as practice in the ways of applying law to specific fact scenarios. Seminar attendance is thus essential for good performance in the course. Students should ensure they watch or attend the relevant Lecture prior to attending Seminars.

Examination(s)

The course includes mid-semester and final examinations. Students should consult the examinations timetable once it has been finalised for the dates and times of the exams.

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

Weighting: 10%

Release: 10am, 22 August 2022

Duration: Available until 10am, 29 August 2022.It is expected that this Quiz will take 60 minutes to complete. As this quiz is open for more than 24 hours, there will be no time adjustments applied for this assessment. 

Due Date: 10am, 29 August 2022. If you experience unavoidable and extenuating circumstances and cannot sit the quiz at the due date and time, you should apply for an extension to the ANU College of Law Student and Education Services here.The College will give you one opportunity to sit the quiz, at the same time one week later. This will be your final opportunity to sit the quiz. 

Estimated Return Date: 6 September 2022

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

Assessment Task 2

Mid-semester Examination

Details of Task: Compulsory examination 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 exam 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 exam.

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

Weighting: 35%

Word Limit: 2,000 words (excluding notes; but any notes must only include citations). The word length must be set out clearly at the end of the final page of your response. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Duration: 2 hours

Due Date: The examination will be released via Wattle. Students should consult the ANU examination timetable once finalised to confirm the date, duration and time of the exam. Because this is an examination, late submissions will not be accepted. It would be sensible to leave yourself some time before the submission deadline in case something goes wrong with the submission process. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Estimated Return Date: 14 October 2022

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

Op-Ed Assignment

Details of Task: An 'Op-Ed' is the term for brief argumentative opinion pieces published in newspapers or online public policy publications (eg, The Conversation). Students will have the opportunity to research and write their own Op-Eds for this assessment, arguing for the reform of any area of law covered in this course. In preparation for this assignment, students should read several op-eds to get a feel for their typical structure. 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: 1,000 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. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Due Date: 5pm, 24 October 2022. Late submission (without an extension) is permitted, although late penalties will apply.

Estimated Return Date: Official end of semester results release date 

Assessment Criteria:

Op-eds will be marked according to how well they:

• Are structured: There should be a clear central argument in the op-ed paper. 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.

Note: In consultation with students, the Convenor may facilitate students' submissions of their completed work to actual newspapers or online venues.

Assessment Task 4

Final Examination

Details of Task: Compulsory examination designed to test your understanding of the legal rules and principles covered in the second half of the course. Collaboration with other students is not permitted. 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 submit this assessment will result in a mark of zero for this assessment task.

Weighting: 35%

Word Limit: 2,000 words (excluding notes; but any notes must only include citations). The word length must be set out clearly at the end of the final page of your response. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Duration: 2 hours

Due Date: The exam will be held during the end-of-semester exam period. Please consult the ANU examinations timetable when it is released. Because this is an exam, late submissions will not be accepted. It would be sensible to leave yourself some time before the submission deadline in case something goes wrong with the submission process. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

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. 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 any on-line submission (eg, Op-Ed assignment). Please keep a copy of your responses for your records.

Hardcopy Submission

Unless an exemption has been approved by the Associate Dean (Education), any online 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 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 given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per 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.

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.

Returning Assignments

Feedback on Op-Ed assignments will be available through Turnitin, accessed from the course Wattle page.

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 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