• Class Number 7139
  • Term Code 3360
  • Class Info
  • Unit Value 6 units
  • Mode of Delivery In Person
  • COURSE CONVENER
    • Kieran Pender
  • LECTURER
    • Prof James Stellios
  • Class Dates
  • Class Start Date 24/07/2023
  • Class End Date 27/10/2023
  • Census Date 31/08/2023
  • Last Date to Enrol 31/07/2023
SELT Survey Results

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

The course convenor researches and publishes in the field of constitutional law, including Chapter III. The contributing lecturer is an eminent specialist in the field, and has authored the leading text on Chapter III. The course will also be supplemented with guest lectures from practitioners.

Required Resources

James Stellios, The Federal Judicature: Chapter III of the Constitution (LexisNexis, 2nd edition)


Additional prescribed reading on the Wattle site.

Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

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). 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

Task submission times refer to Canberra time (AEST/AEDT).

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

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

Distribution of Grades Policy: 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 announcement and updates relating to the course.

Class Schedule

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 Reading week
5 Exclusive exercises of judicial power
6 Due process
7 Original jurisdiction
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

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task Value Due Date Return of assessment Learning Outcomes
Optional Quiz 0 % 21/08/2023 24/08/2023 1,4
Opinion Column 20 % 28/08/2023 18/09/2023 1,4
Research Essay 50 % 25/09/2023 23/10/2023 1,2,4
Take-Home Assignment 30 % 02/11/2023 * 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

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

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Value: 0 %
Due Date: 21/08/2023
Return of Assessment: 24/08/2023
Learning Outcomes: 1,4

Optional 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. This assessment task is designed to link to expected learning outcomes 1, 3 and 4.

Nature of Task: Optional, non-assessable.

Weighting: 0%

Release: 9am, Monday 14 August 2023 via Wattle.

Due Date: 5pm, Monday 21 August 2023. The quiz will not be accessible after the closing time. Due to the nature of the task, late submission or extension is not permitted. As this task is open for more than 24 hours, no time adjustments shall be applied for this task.

Estimated Return Date: 24 August 2023.

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

Value: 20 %
Due Date: 28/08/2023
Return of Assessment: 18/09/2023
Learning Outcomes: 1,4

Opinion Column

Details of Task: This course engages with significant public policy issues arising out of Chapter III of the Constitution. This assessment task will require students to write a newspaper style column on a Chapter III issue of their choice, expressing a clear argument in relation to their chosen issue. Topics might include non-judicial detention, continuing detention orders, national security and the judiciary, the establishment of a federal judicial commission and laws that undermine the integrity of the judiciary. This assessment task is designed to link to expected learning outcomes 1 and 4.

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%

Release: 9am, Friday 28 July 2023 via Wattle.

Word Limit: 800 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. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: 5pm, Monday 28 August 2023 via Turnitin. Late submissions (without an extension) are permitted, although late penalties will apply.

Estimated Return Date: 18 September 2023.

Assessment Criteria:

The following criteria will be applied when assessing the essay:

  • Structure - there should be a clear central argument in the column. It should defend, explore and deepen this central argument.
  • Style - the column should be simply and logically organised. It should use accessible language, appropriate terminology and correct grammar, syntax and spelling. The style must also comply with the Australian Guide to Legal Citation 4, and failure to do so may be reflected in the mark awarded.
  • Critical thinking - the column should reason persuasively and rigorously, and demonstrate critical and original thinking.
  • Research - the column 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 be covered, with the column making accurate and succinct use of relevant legal materials.

Assessment Task 3

Value: 50 %
Due Date: 25/09/2023
Return of Assessment: 23/10/2023
Learning Outcomes: 1,2,4

Research Essay

Details of Task: The course is designed to introduce students to the federal judicature in Ch III of the Constitution. The essay question/s 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 and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 50%

Release: 9am, Monday 7 August 2023 via Wattle.

Word Limit: 3,000 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. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: 5pm, Monday 25 September 2023 via Turnitin. Late submissions (without an extension) are permitted, although late penalties will apply.

Estimated Return Date: 23 October 2023.

Assessment Criteria:

The following criteria will be applied when assessing the essay:

  • Students will be expected to reflect critically and originally 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 Citation 4, and failure to do so may be reflected in the mark awarded.

Assessment Task 4

Value: 30 %
Due Date: 02/11/2023
Learning Outcomes: 1,3,4

Take-Home Assignment

Details of Task: The course is designed to introduce students to the federal judicature in Ch III of the Constitution. The take-home assignment 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 assignment. This assessment task is designed to link to expected learning outcomes 1, 3 and 4. Any course material may be assessed in the assignment.

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

Weighting: 30%

Release: 9am, Wednesday 25 October 2023 via Wattle.

Word Limit: 2,000 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 assignment.The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: 5pm, Thursday 2 November 2023 via Turnitin.

Note: As this task is open for more than 24 hours, no time adjustments shall be applied for this task. If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here. The College will give you one final opportunity to complete the assessment, at the same time one week later. If you have already accessed the assessment, you will not be approved an extension and will need to complete the task by the due date. 

Estimated Return Date: Official end of semester results release date via Turnitin. 

Assessment Criteria:

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.
  • Students should comply with style, referencing and structuring requirements, as outlined in the assessment task.

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 in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

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.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

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).

Kieran Pender
Kieran.Pender@anu.edu.au

Research Interests


Constitutional Law and Theory

Kieran Pender

By Appointment
Prof James Stellios
James.Stellios@anu.edu.au

Research Interests


Prof James Stellios

By Appointment

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions