General Information
Constitutional Law is a compulsory subject in the Juris Doctor program offered by the Faculty of Law. This subject examines the fundamentals of Australian constitutional law, often in a comparative context. Topics considered include the rule of law, the separation of powers, principles of constitutional interpretation, the rules governing exercises of legislative, executive and judicial power, constitutional change, constitutional principles relating to individual rights and freedoms, the relationship between federal, state and territory governments, including inconsistency of laws, and fiscal federalism. Emphasis is placed on the development of legal research and reasoning skills.
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Details
Academic unit: Faculty of Law Subject code: LAWS75-216 Subject title: Constitutional Law Subject level: Postgraduate Semester/Year: May 2023 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Standard Workload items: - Forum: x12 (Total hours: 24) - Weekly Forum
- Tutorial: x11 (Total hours: 11) - Weekly Tutorial
- Self-Directed Activity: x1 (Total hours: 1) - Integrated Skills and Professionalism Development
- Personal Study Hours: x12 (Total hours: 84) - Recommended Study Hours
Attendance and learning activities: -
Resources
Prescribed resources: Books
- Jonathan Crowe Australian Constitutional Law: Principles in Movement. n/a, Oxford University Press
iLearn@Bond & Email: iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications.
Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS75-216 |
| Subject title: | Constitutional Law |
| Subject level: | Postgraduate |
| Semester/Year: | May 2023 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Standard |
| Workload items: |
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| Attendance and learning activities: |
| Prescribed resources: | Books
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|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge. Assumed Prior Learning (or equivalent):
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| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Demonstrate advanced and integrated understanding of a number of constitutional law topics, Including: (a) Constitutional interpretation, judicial reasoning, and the characterisation process; (b) Principles governing the separation of judicial, executive and legislative powers; (c) Principles of constitutional change and reform; (d) The constitutional protection, or otherwise, of individual rights and freedoms; and (e) Comparative constitutionalism and/or contemporary issues in constitutional law.
- Demonstrate competency in exercising the following skill at an intermediate level, with creativity, initiative and autonomy: (a) legal research and reasoning
- Adhere to the highest standards of professionalism, including a commitment to: (a) Learning and working autonomously, accountably and reflectively; (b) Behaving ethically and responsibly; and (c) Managing time effectively and meeting deadlines.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed Computer-Aided Examination (Limited Open) Final Assessment 50.00% Final Examination Period 1,2,3 Research Paper Draft High Court Judgment 30.00% Week 8 1,2,3 Activity Tutorial Participation 20.00% Weekly 1,2,3 - * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
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Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Computer-Aided Examination (Limited Open) | Final Assessment | 50.00% | Final Examination Period | 1,2,3 |
| Research Paper | Draft High Court Judgment | 30.00% | Week 8 | 1,2,3 |
| Activity | Tutorial Participation | 20.00% | Weekly | 1,2,3 |
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
Bond University‘s Student Code of Conduct Policy , Student Charter, Academic Integrity Policy and our Graduate Attributes guide expectations regarding student behaviour, their rights and responsibilities. Information on these topics can be found on our Academic Integrity webpage recognising that academic integrity involves demonstrating the principles of integrity (honesty, fairness, trust, professionalism, courage, responsibility, and respect) in words and actions across all aspects of academic endeavour.
Staff are required to report suspected misconduct. This includes all types of plagiarism, cheating, collusion, fabrication or falsification of data/content or other misconduct relating to assessment such as the falsification of medical certificates for assessment extensions. The longer term personal, social and financial consequences of misconduct can be severe, so please ask for help if you are unsure.
If your work is subject to an inquiry, you will be given an opportunity to respond and appropriate support will be provided. Academic work under inquiry will not be marked until the process has concluded. Penalties for misconduct include a warning, reduced grade, a requirement to repeat the assessment, suspension or expulsion from the University.
Feedback on assessment
Feedback on assessment will be provided to students according to the requirements of the Assessment Procedure Schedule A - Assessment Communication Procedure.
Whilst in most cases feedback should be provided within two weeks of the assessment submission due date, the Procedure should be checked if the assessment is linked to others or if the subject is a non-standard (e.g., intensive) subject.
Accessibility and Inclusion Support
Support is available to students where a physical, mental or neurological condition exists that would impact the student’s capacity to complete studies, exams or assessment tasks. For effective support, special requirement needs should be arranged with the University in advance of or at the start of each semester, or, for acute conditions, as soon as practicable after the condition arises. Reasonable adjustments are not guaranteed where applications are submitted late in the semester (for example, when lodged just prior to critical assessment and examination dates).
As outlined in the Accessibility and Inclusion Policy, to qualify for support, students must meet certain criteria. Students are also required to meet with the Accessibility and Inclusion Advisor who will ensure that reasonable adjustments are afforded to qualifying students.
For more information and to apply online, visit BondAbility.
Additional subject information
Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
Subject curriculum
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Introduction to Australian Constitutional Law
Introduces the Australian Constitution and places it in a wider historical and theoretical context. Examines the notion of constitutional government and its relationship to doctrines such as the rule of law, the separation of powers, federalism, representative government and fundamental rights and freedoms. Considers the status of Indigenous peoples under the Constitution and the mechanisms of constitutional change.
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Representative Government
Examines the constitutional rules and principles relating to representative government and the electoral process.
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Interpreting Legislative Powers
Considers in detail the High Court's approach to interpreting Commonwealth legislation and heads of power, placing it within the broader context of federalism and the separation of powers.
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Sources of Commonwealth Legislative Power: Economic Powers
Considers the Commonwealth Parliament's economic powers, focusing particularly on the powers relating to corporations and taxation.
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Sources of Commonwealth Legislative Power: International Powers
Examines the Commonwealth Parliament's international powers, focusing particularly on the external affairs and defence powers.
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Executive Power and Responsible Government
Discusses the powers of the Commonwealth executive branch, focusing particularly on the spending and appropriation powers, as well as the so-called 'nationhood power'.
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Conflicts of Commonwealth and States
Considers the High Court's jurisprudence on Commonwealth-state relations, examining the resolution of conflicts of laws and the limits on legislative and executive interference between the levels of government.
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Judicial Power of the Commonwealth
Examines the High Court's approach to defining judicial power, before considering the principles the High Court has employed to protect judicial independence at the Commonwealth level.
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Judicial Power of the States
Examines the definition and role of judicial power at the state level, including the doctrine of institutional integrity of state courts.
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Express Constitutional Rights
Discusses the express rights and freedoms declared in the Constitution and the manner in which they have been interpreted and applied by the High Court. Among these are the freedom of interstate trade, the right to just compensation for property acquired by the Commonwealth and the freedom of religion.
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Implied Constitutional Rights
In addition to the rights and freedoms expressly guaranteed, the Constitution secures several rights and freedoms by implication from the provisions and structure of the Constitution. Among these are the freedom of political speech and the right to vote.