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Course specification
The current and official versions of the course specifications are available on the web at .
Please consult the web for updates that may occur during the year.

LAW2211 Constitutional Law

Semester 3, 2021 Online
Short Description: Constitutional Law
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 4
ASCED code : 090903 - Constitutional Law
Grading basis : Graded

Staffing

Examiner:

Requisites

Pre-requisite: LAW1121
Pre-requisite or Co-requisite: HIS1115

Other Requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .

Rationale

Constitutional law is one of the fundamental areas of legal knowledge required in order to meet the requirements for admission as a legal practitioner in Australia. It underpins all of the statute law made in Australia.

Synopsis

The constitutions of Australian governments are the basis by which power may be exercised over the citizens of the nation. Understanding the limits of those powers and the way the various government levels interact is the basis of understanding law making in Australia. Students will become familiar with the Commonwealth and State Constitutions, including the division of powers between different levels of government in Australia's federal system, the settlement of disputes between Federal and State Governments over which of them has power to make laws in particular areas, and the role of the High Court in the interpretation of the Constitution. Limits to law making powers will be considered. Students will be asked to consider to what extent interpretation of the Constitution should evolve as the needs of society change, and to critically reflect on the development of Australian constitutionalism since federation.

Objectives

On successful completion of the course, students should be able to:

  1. explain the structure and purpose of the Commonwealth Constitution;
  2. appreciate the division of areas of responsibility between the Federal and State Governments;
  3. explain restrictions in the Commonwealth Constitution on the ability of the Federal and State Governments to pass laws;
  4. apply general policies underlying Constitutional law in Australia in order to evaluate those laws, in particular for the topics considered in this course;
  5. research primary and secondary materials (as relevant) while critically reviewing an issue in law relevant to the topics considered in this course;
  6. explain the legal principles relevant to the topics considered in this course;
  7. apply such legal principles to given fact situations in order to determine the likely outcome to issues raised;
  8. demonstrate effective, appropriate and persuasive communication skills.

Topics

Description Weighting(%)
1. Introduction to the Commonwealth and State constitutions 15.00
2. Commonwealth’s economic powers 20.00
3. Commonwealth’s financial powers 15.00
4. The international dimension 20.00
5. Relationship between the Commonwealth and States 10.00
6. Introduction to constitutional human rights 20.00

Text and Materials

ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=03&subject1=LAW2211)

Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Gray, A 2016, A Criminal Due Process and Chapter III of the Australian Constitution, The Federation Press, Leichhardt NSW.
Williams et al 2018, Blackshield and Williams Australian Constitutional Law and Theory: Commentary and Materials, 7th edn, The Federation Press, Leichhardt NSW.

Reference Materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Clarke, J, Keyzer, P & Stellios, J 2016, Hanks Australian constitutional law: materials and commentary, 10th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Gerber, P & Castan, M (eds) 2012, Contemporary perspectives on human rights law in Australia, Thomson Reuters, Pyrmont, New South Wales.
Ratnapala, S & Crowe, J 2012, Australian constitutional law: foundations and theory, 3rd edn, Oxford University Press, South Melbourne, Victoria.

Student Workload Expectations

Activity Hours
Assessments 40.00
Directed Study 50.00
Private Study 75.00

Assessment Details

Description Marks out of Wtg (%) Due Date Notes
FORMATIVE ASSESSMENT 16 Nov 2021 (see note 1)
ESSAY/MOOT 50 50 05 Jan 2022
ONLINE EXAMINATION 50 50 End S3 (see note 2)

Notes
  1. Students will be provided with some formative assessment within the first month of the course.
  2. This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via StudyDesk. The examination date will be available via UConnect when the Alternate Assessment Schedule has been released.

Important assessment information

  1. Attendance requirements:
    Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

    On-campus: It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    An Online Examination is one in which candidates may have access to any printed or written material.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure .

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .

Assessment Notes

  1. Referencing in assignments:
    Students studying this course as part of a Bachelor of Laws must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in a Bachelor of Laws may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at .

Date printed 11 February 2022