Unit rationale, description and aim
The Rule of Law, and access to legal advice, are the basis of free, democratic, and just societies which promote personal dignity, thriving communities, and the Common Good. Law graduates working in legal practice, in business, in government, and in the community play an essential role in promoting and upholding the Rule of Law in Australia and across the world. The Bachelor of Laws degree is an accredited degree for admission as a legal practitioner in Australia.
This level four unit contributes to the development of:
- advanced theoretical and technical knowledge in the field of Constitutional Law;
- advanced, cognitive, technical and communication skills and the ability to apply these to complex legal problems in a professional context;
- advanced research and writing skills.
Constitutional Law is concerned with the content and elaboration of the law relating to the Australian Constitution. This unit will be structured upon an understanding of the way in which the Constitution frames the allocation of public power. Pursuant to that theme the unit is divided into four parts. The first relates to federalism. Federalism is concerned with the balance of power established by the Constitution between the Commonwealth and the States. The second relates to the exercise of power. In so doing it considers the most important powers conferred by the Constitution upon the Commonwealth Government and their exercise. The third relates to the separation of power. This part takes a close look at the way in which the Constitution structures the relationships between the Federal Parliament, the Executive Government and the Judiciary. The fourth relates to the limitation of Commonwealth power. In this segment, the express and implied rights contained in the Constitution are described and analysed. In addition to this, State Constitutions will also briefly be considered.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Describe and critically analyse the content of the...
Learning Outcome 01
Describe and practically apply the law of the Cons...
Learning Outcome 02
Describe and practically apply Constitutional law ...
Learning Outcome 03
Critically analyse the strengths and weaknesses of...
Learning Outcome 04
Content
Topics will include:
- An Introduction to Australian Constitutional Law
- Constitutional Interpretation
- The Parliament
- The Process of Characterisation
- The Judiciary
- The Executive
- The Separation of Powers
- Financial and Economic Powers
- External Affairs and Extraterritoriality
- Inconsistency and Government Immunity
- Constitutional Rights and Freedoms
- State Constitutions
This content reflects the academic areas of knowledge required for accreditation, Schedule 1, Legal Profession Admission Rules 2015.
- State constitutions and constitutional systems
- The Commonwealth Constitution and constitutional system
- The constitution and operation of the legislature, executive and judiciary
- The relationship between the different institutions of government and the separation of powers
- The relationship between the different levels of government,
or topics of such breadth and depth as to satisfy the following guidelines:
The topics should include knowledge of the major principles of both the relevant State or Territory Constitution and the Commonwealth Constitution, including the relations between the different Commonwealth and State or Territory laws. A general knowledge of the scope of both State or Territory and Commonwealth Constitutions is required, although the topics will differ in the depth of treatment of specific heads of power, particularly in the Commonwealth sphere.
Assessment strategy and rationale
In order to pass this unit, you are required to attain an overall score of at least 50. You are required to undertake Communication and Engagement, a Research Essay and a Final Examination. The assessment tasks for this unit are designed to assess knowledge, skills and understanding in a specialist area of law required for accreditation.
The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.
Overview of assessments
Case note: Constitutional lawyers are routinely ...
Case note: Constitutional lawyers are routinely required to prepare Case Notes for a variety of purposes, including to advise clients, colleagues, and in litigation. It is an essential skill of the lawyer.
This assessment item will require students to read a short constitutional decision (approximately five pages, without a headnote) and then prepare a case note. A rubric will be provided in advance of the assessment, setting out what a case note is expected to cover. Tutorials in the lead-up to the assessment will demonstrate, by reference to examples, how a case note is developed (although, by the time a student gets to this final year subject, they should already have a fair idea how to do this). Students will handwrite their answers and will have no access to the internet.
Students will undertake this work silently and hand in their work at the conclusion of a two-hour tutorial. They will have 100 minutes for the task, including reading time. The task will take place in week 4, 5 or 6.
A different case will be set for each class to ensure that students cannot cheat by sharing details of what case will be noted.
20
Research Essay/Outline of Argument: Constitution...
Research Essay/Outline of Argument: Constitutional lawyers are routinely required to prepare an Outline of Argument in litigation.
This assessment item will require students to read a hypothetical fact situation handed out to them in class and then fill in a partly-prepopulated worksheet based on a High Court form, and then, using handwriting, written notes and the textbook, with no access to the internet, they will need to present a reasoned argument in favour of their position. They will be tested on their capacity to set out a number of arguments to back up their side of a hypothetical constitutional case. They’ll also be expected to critically attack their opponent’s case.
Students will be required to include references to key precedents and arguments relating to the application. Students will be expected to explain how and why precedents should be applied, distinguished or even overruled in order that they may achieve their preferred outcome.
Students will undertake this work silently and hand in their work at the conclusion of a two-hour tutorial. This task will take 100 minutes and will take place in week 7, 8 or 9.
30
Exam: An end-of-semester examination comprising ...
Exam: An end-of-semester examination comprising two problems to be completed within two hours.
Local tutors will invigilate the exams in week 12.
The exam will be conducted in person requiring handwriting and open notes but no internet and will take place in the final tutorial in week 12. Every exam will have different questions.
50%
Learning and teaching strategy and rationale
4 hours per week over 12 weeks or equivalent.
Students should anticipate undertaking 150 hours of study for this unit, including class attendance, readings and assignment preparation.
Representative texts and references
Required text:
Joseph S. and Castan M. Federal Constitutional Law: A Contemporary View, Fifth Edition, Thomson Reuters, 2019.
Recommended Text:
Bateman, W. Meagher D. Simpson A. and Stellios J. Hanks, Australian Constitutional Law, Materials and Commentary, 11th Edition, Lexis Nexis, 2021.