ANNA OLIJNYK (Co-course Coordinator)
anna.olijnyk@adelaide.edu.au

Consultation: TBC, or by appointment

ALEX REILLY (Co-course Coordinator)
alexander.reilly@adelaide.edu.au

Consultation: TBC, or by appointment

Other teaching staff TBC.

Any questions about the organisation of the course or general course matters should be directed to the course co-ordinators after first checking this guide. All questions regarding a student’s learning in the Australian Constitutional Law should be raised with seminar leaders. All members of academic staff are committed to assisting students in their learning and are available to meet with students during their consultation times (which will be made available by week 1). Alternatively students can make an appointment to see a staff member at another time of mutual convenience.

Lectures

Lectures will be held on Tuesdays, 9:10am – 11:00am in the Florey Lecture Theatre (Medical School North N103). All lectures will be recorded and placed on MyUni as soon as the links are made available, usually on the same afternoon that the lecture is delivered. A virtual lecture will also be made available in this course. Students who enrol in this lecture are not required to attend the live lecture being given. Students who choose to enrol in a virtual lecture can attend the normal lecture provided there is room in the lecture.

Videos

For each week in which substantive content is taught in the course, 2-3 short videos (10-30 minutes) will be available for students to review prior to attending the lecture and seminar. These videos will provide students with background and detail for the material covered in the lecture, and the questions and activities to be undertaken in the lecture and seminar.

Seminars

Students in this course are expected to attend or listen to all lectures throughout the semester plus one two-hour seminar class each fortnight. Please enrol in a seminar via Access Adelaide.

Class participation makes up 10% of the assessment in this course. To receive marks for class participation, students must attend the seminars in which they are enrolled.

Seminars run on a fortnightly cycle from week 1 to week 12. Students must check their timetable carefully to ensure they attend their seminar in the correct week. In week 13, all students will have the option of attending a revision seminar (which does not count toward the class participation mark) at the same time as their regular seminar.

The Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South Australia. Students must demonstrate a satisfactory level of understanding and application of 11 core areas of legal knowledge. This course teaches the following topics within these core areas:
· State constitutions and constitutional systems,
· The constitution and operation of the legislature, and
· The relationship between the different levels of government.

Australian Constitutional Law concerns the study of the fundamental law of a community; the law that governs the relationship of the government to its people. The course is designed to give students an understanding of the operations of general principles of constitutional law, as well as specific Australian constitutional issues including federalism, the distribution and exercise of legislative power, constitutional rights and freedoms, and Federal/State intergovernmental and financial relations.

In particular, a student who successfully completes this course will have:

1. knowledge and understanding of the basic principles in the above core areas of knowledge, and specifically, to understand the historical context in which the Australian constitutional system was established, to identify the fundamental principles that underpin Australian constitutional law, and to understand the relationship between the federal and State governments (including where inconsistencies of law arise), the Commonwealth as an economic union, and implied and express rights and freedoms within the Constitution;
2. an awareness of the indeterminacy of legal principles in the constitutional context, and the continuous state of development of those principles;
3. critical thinking and problem solving skills in the application of constitutional principles to problem-solving exercises.
4. an ability to analyse critically constitutional principles and legal doctrines, especially in the light of the contexts (international, cultural, social and other) in which the Australian constitutional system operates;
5. an ability to present, both orally and in writing, constitutional arguments and critique of those arguments.

1. Course Guide (Available from Image and Copy Centre).
2. Videos (Available online via MyUni).
3. Blackshield Williams, Australian Constitutional Law and Theory (Federation Press, 6th ed, 2014).
4. The Australian Constitution (Commonwealth of Australia Constitution Act 1900 (UK)). Students will find a copy of the Australian Constitution, along with the Statute of Westminster 1931 (UK) and the Australia Act 1986 (Cth), at the back of the Blackshield and Williams text. Alternatively these constitutional documents can be accessed on the internet from the Commonwealth legislation homepage: www.comlaw.gov.au.
5. The South Australian Constitution (Constitution Act 1934 (SA)) Students can download a copy from the South Australian Parliament’s website at http://www.legislation.sa.gov.au/.

For students looking for a more basic explanation of the principles covered in this course to springboard into the more complicated readings and exercises, we recommend the following texts:

• Joseph and Castan, Federal Constitutional Law: A Contemporary View (4th ed, Lawbook Co, 2014)
• Keyzer, Principles of Australian Constitutional Law, LexisNexis (4th ed, Lawbook Co, 2013)
• Appleby, Reilly and Grenfell, Australian Public Law (2nd ed, Oxford, 2014)

Students may wish to dip into alternative texts to understand the area in greater depth, or just to read a different perspective on the area. Good texts for these purposes include:

Aroney, Gerangelos, Murray and Stellios, The Constitution of the Commonwealth of Australia (Cambridge University Press, 2015)

Gerangelos, Lee, Murray, Evans and Emerton, Winterton's Australian Federal Constitutional Law: Commentary and Materials (3rd Ed, Thomsons, 2013)

Clarke, Keyzer and Stellios, Hanks' Australian Constitutional Law: Materials and Commentary (9th ed, LexisNexis, 2013)

Many of the materials in this course will be available on MyUni. This includes videos exploring key concepts and cases.

All course announcements will be sent out via MyUni.

Students are encouraged to use the discussion board on MyUni.

All lectures will be made available on MyUni.

The interim assignment, peer review assignment and take-home exam will be submitted, marked and returned electronically. The quizzes on basic concepts and case reading assignment will be online quizzes.

Lectures will provide an overview of the various topics in the course and will elucidate some of the connecting themes between the various parts of the course. In the lectures, the general legal principles in a topic will be covered, rather than the detail of the cases in that topic. This detail is provided in the videos (see below). Lectures will also include interactive responses to problem and discussion questions, similar to those students will be asked to answer in the seminars and written assessment.

Videos will provide students with further detail on some of the key cases and concepts in the readings. We recommend students watch the videos before attending seminars.

Online quizzes will allow students to self-assess their understanding of the key concepts in each topic. Students may choose to complete these quizzes before or after the seminars, but we strongly recommend students complete these quizzes as they learn each topic, in order to consolidate their understanding as they go.

The seminars povide a forum for academic staff and students to engage together on the subject of Australian Constitutional Law. Before attending their seminars, students are required to work through a list of extracts from the Blackshield & Williams text and attempt to answer the questions set in the Course Guide.

For each seminar, the Course Guide contains:

• The readings students must complete before the seminar;
• The videos students must watch before the seminar;
• ‘Assumed knowledge’ that students will be expected to bring to the seminar based on the videos, readings and lectures;
• Discussion questions, activities and problems that will be answered in the seminar.

The seminar material will build upon the preparatory work undertaken by students in conjunction with the lectures, videos and readings. The seminars will provide an opportunity for students to test their understanding of the concepts, to engage in analysis and evaluation of the concepts, and to apply their knowledge to new situations and to extend their knowledge further.

Students should bring the Course Guide and their textbook (Blackshield and Williams) to seminars.

The University expects full-time students (ie those taking 12 units per semester) to devote a total of 48 hours per week to their studies. This means we expect students enrolled in Australian Constitutional Law to spend 12 hours per week studying this course.

Students in this course are expected to attend seminars. In addition, students should allocate time to private study in the course across the 12 week semester and the period before the exam – this includes reading the material, watching the videos, attending/watching lectures, preparing for seminars and undertaking the assessment tasks.

The course will cover the topics set out below. The details of the week-by-week arrangements are subject to change. Changes will be announced on MyUni.

Week	Lecture	Seminar
O-Week	Introductory lecture
Week 1	Interpretation and characterisation	Seminar 1: Interpretation and characterisation
Week 2	Corporations power
Week 3	External affairs	Seminar 2: Corporations power
Week 4	Defence power
Week 5	State and Commonwealth financial relations part 1	Seminar 3: Defence and external affairs power
Week 6	State and Commonwealth financial relations part 2
Mid-Semester Break
Week 7	Section 92	Seminar 4: State and Commonwealth financial relations
Week 8	Federalism and inconsistent laws
Week 9	Assignment feedback	Seminar 5: Section 109 and s 92
Week 10	Implied freedom of political communication
Week 11	No lecture	Seminar 6: Implied freedom of political communication
Week 12	Peer review exercise
Week 13	Revision lecture	Revision seminars
Swotvac
Exam period

 

 

There are no additional requirements except those specified in this profile.

This course does not include a small group discovery experience.

Assessment item	% of final mark	Dates	Length	Redeemable	Learning Objectives
Class participation	10	Weeks 1-12	N/A	N	2, 3, 4, 5
Interim assignment (optional)	20	Second Monday of mid-semester break	1500 words	Y	1, 2, 3, 4, 5
Case reading exercise	10	Monday, week 8	N/A	N	1
Peer review assignment	10	Monday, week 12	1000 words	Y	1, 5
Take-home exam	50-80	Exam period	2000 words	N	1, 2, 3, 4, 5

Class participation counts for 10% of the overall grade for the course.

Each student will have the opportunity to attend six seminars over the course of the semester. Students are encouraged to attend all five seminars, but will be marked only on their best four seminar performances. Students will only be marked for participating in the seminar in which they are enrolled. Students will not be allowed to attend alternative seminars except in exceptional circumstances with the prior approval of the course co-ordinator. If a student will have difficulty regularly attending the seminar in which they are enrolled, they should change their enrolment or contact the course co-ordinator as soon as possible.  

1. Interim Assignment 20%

Optional and redeemable

Release Date: Monday, Week 5 (via MyUni)

Due Date: 2pm, Monday, second week of the mid-semester break

Assignments submitted late will incur a penalty of 5% for every day, or part thereof, that the assignment is late.

Length: The assignment is to be a maximum of 1500 words, excluding footnotes. Footnotes are to contain references only and substantive material in footnotes will not be read. There will be a penalty of 5% for every 100 words, or part thereof, over the word limit.

Description: The interim assignment will consist of a problem question and short answer question, similar to the questions to be set in the take-home exam. The assignment will assess the material covered in the first three weeks of lectures.

Marking Criteria: The assignment will be assessed against the following criteria:
· Ability to identify relevant legal issues and case law;
· Capacity to logically apply the law in a reasoned and considered manner;
· Critical analysis of the law and concepts;
· Written communication skills;
· Proper and accurate citation of sources; compliance with the Australian Guide to Legal Citation.

2. Class Participation 10%

Compulsory and non-redeemable

Students will be assessed on their participation in seminars. This means they must prepare for class by completing the readings and attempting the seminar questions, contribute in small and large group discussions and listen attentively. Seminar leaders are responsible for monitoring and assessing attendance and participation.

In order to receive credit for their participation, students must attend the seminar in which they are enrolled.

The participation grade will be based on the student's best four seminar performances as assessed by the seminar leader.

Marking Criteria: Class participation will be assessed against the following criteria:
· Preparation
· Quality of Contributions
· Listening and engagement with others

More detailed rules and expectations for class participation will be released on MyUni and explained in the first week of seminars.

3. Case Analysis Quiz 10%

Compulsory and non-redeemable

Release Date: Monday, Week 8 (via MyUni)

Due Date: Monday, Week 8

This will be a 10-question online quiz relating to a constitutional law case that will be identified at least two weeks before the date of the quiz. The questions will test students' ability to read and analyse complex cases, as well as their legal research and citation skills.

Students will be given one hour to complete the quiz; however, they can select any hour within a 24-hour period. Once a student has commenced the quiz, they will not be able to pause and return to the quiz later.

4. Peer Review Assignment (10%)
Compulsory. Redeemable as long as a bona fide effort is submitted

Release Date: Friday, Week 10

Submission Date: Monday, week 12

Students to finish peer-marking: Friday, week 12

Length: The assignment is to be a maximum of 1000 words, excluding footnotes. Footnotes are to contain references only and substantive material in footnotes will not be read. There will be a penalty of 5% for every 100 words, or part thereof, over the word limit.

This assignment will consist of a problem question. The assignment will be submitted via Turnitin.

Students will be required to mark three other students' assignments online. This includes providing a grade and written feedback. The week 12 lecture will be devoted to explaining the peer marking process.

Each student will receive three sets of peer feedback. The final grade awarded for this assignment will be the average of the three grades awarded. In order to receive their grade for this assignment, students must mark three other students' papers and provide adequate feedback. Failure to do so will result in a mark of 0 (zero) for this assignment.

5. Take-Home Exam 50-80% (depending on whether assignment marks are redeemed)
The exam will be released on MyUni on a date to be confirmed in the Exam Period, Semester 1, 2016. Students will have nine hours to complete the exam and submit their answers via MyUni.

Length: maximum 2000 words, excluding footnotes. Footnotes are to contain references only and substantive material in
footnotes will not be read. There will be a penalty of 5% for every 100 words, or part thereof, over the word limit.

Students who qualify for Replacement/Additional Assessment (R/AA) will be given an alternative take-home exam during the R/AA period.

The exam will consist of a problem question and short answer questions, similar in style to those in the Interim Assignment.

The exam will be assessed on the following criteria:
· Demonstrated understanding of constitutional law and theory;
· Ability to identify relevant legal issues and case law;
· Capacity to logically apply the law in a reasoned and considered manner;
· Critical analysis of the case law;
. Written communication skills.

Peer-Reviewed Assignment

The assignment is to be submitted in electronic form only. Detailed instructions on how to submit assignments will be provided in the assignment information.

The assignment is to be presented in typed form using Times New Roman 12-point font and using double line spacing.  The margins of the paper (right, left, top and bottom) must be no less than 2.5cm.

Citation must comply with The Australian Guide to Legal Citation (3rd ed) available at: http://www.adelaide.edu.au/library/about/libraries/law/research/.

The assignment must be written in prose style (using complete sentences), adhere to grammatical rules, and use correct spelling.

Optional Interim Assignment

The assignment is to be submitted in electronic form only. Detailed instructions on how to submit assignments will be provided in the assignment information. 

The assignment is to be presented in typed form using Times New Roman 12-point font and using double line spacing.  The margins of the paper (right, left, top and bottom) must be no less than 2.5cm. The paper is not to include appendices or a bibliography.

Citation must comply with The Australian Guide to Legal Citation (3rd ed) available at: http://www.adelaide.edu.au/library/about/libraries/law/research/.

The assignment must be written in prose style (using complete sentences), adhere to grammatical rules, and use correct spelling. 

Take-Home Exam

The Take-Home Exam is to be submitted in electronic form only. Detailed instructions on how to submit exam answers will be provided in advance of the exam.

The assignment is to be presented in typed form using Times New Roman 12-point font and using double line spacing.  The margins of the paper (right, left, top and bottom) must be no less than 2.5cm. The paper is not to include appendices or a bibliography.

Citation need not comply with the Australian Guide to Legal Citation but all legal materials referred to must be clearly identified.

The exam answers must be written in prose style (using complete sentences), adhere to grammatical rules, and use correct spelling.

General Submission Requirements

Late Submission: 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.

Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

Further details of the grades/results can be obtained from: http://www.adelaide.edu.au/student/exams/results.html

Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level (see: http://www.adelaide.edu.au/policies/700/ )

Final results for this course will be made available through Access Adelaide (https://access.adelaide.edu.au/sa/login.asp)

Supplementary exams: For information regarding supplementary exams please consult the Law School policy page below.

The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as CEQ surveys and Program reviews.

SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at least once every 2 years. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

Lex Salus Program

Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

Counselling Service

The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/.

Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:
http://law.adelaide.edu.au/student/assessment/

Plagiarism and other forms of cheating
Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.
Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.
Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.