Cornelia Koch 

Any questions about the organisation of the course or general course matters should be directed to Anna (anna.olijnyk@adelaide.edu.au) after first checking this outline. All questions regarding a student’s learning in Australian Constitutional Law should be raised with seminar leaders. 

Lectures

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.

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.

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.

On successful completion of this course, students will be able to:

1. Describe, analyse and evaluate the principles of constitutional law, the criteria for validity of Commonwealth laws and the role of institutions of government in making, executing and interpreting laws. 
2. Apply constitutional law to complex problems, and reflect on and critique the operation of constitutional law from a theoretical/policy perspective.
3. Structure and sustain concise and cohesive written arguments for a mixed audience. Communicate effectively.
4. Exercise professional judgement in managing a constitutional law dispute in an ethical and professional manner.
5. Analyse the impact of constitutional law principles in Australia with a focus on the diverse peoples subject to them.
6. Use feedback and self-evaluation to inform personal and professional development.

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:

CONSTITUTIONAL LAW:
State constitutions and constitutional systems,   
The constitution and operation of the legislature,
and
The relationship between the different levels of government.

ADMINISTRATIVE LAW:  
Crown immunity

1. Seminar Guides (Available on MyUni).
2. Sarah Joseph and Melissa Castan, Federal Constitutional Law: A Contemporary View (Thomson Reuters, 5th ed, 2019).
3. The Australian Constitution (Commonwealth of Australia Constitution Act 1900 (UK)). Students can download a copy from the Parliament of Australia website at https://www.aph.gov.au/about_parliament/senate/powers_practice_n_procedures/constitution.  
4. 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/.
5. Additional case readings will be specified on MyUni. 

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

• George Williams, Sean Brennan and Andrew Lynch, Blackshield and Williams Australian Constitutional Law and Theory (Federation Press, 7th (standard) ed, 2018)
• Nicholas Aroney et al, The Constitution of the Commonwealth of Australia (Cambridge University Press, 2015)
• Peter Gerangelos et al, Winterton's Australian Federal Constitutional Law: Commentary and Materials (Lawbook, 4th Ed, 2017)
• Patrick Keyzer, Christopher Goff and Asaf Fisher, Principles of Australian Constitutional Law (LexisNexis, 5th ed, 2016)

For students who wish to revise the basic principles of public law, we recommend Gabrielle Appleby, Alex Reilly and Laura Grenfell, Australian Public Law (Oxford University Press, 3rd ed, 2019).

Optional online modules examining key cases and concepts in depth will be available on MyUni. 

MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the topic guides, online presentations, and other materials.

Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.

Students are encouraged to use the discussion board on MyUni.

The interim assignment will be submitted, marked, and returned electronically.

The course will be taught through lectures and seminars. Students are required to complete set readings for each seminar. Students may choose to supplement these compulsory activities with modules on key cases and concepts. 

Lectures will provide a basic 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. Students are expected to learn this detail through the readings and seminars.

Seminars are optional but strongly encouraged. Students should expect their performance in the course to be negatively affected if they miss even one seminar. The seminars provide a forum for academic staff and students to engage together on the subject of Australian Constitutional Law. Before attending their seminars, students are expected to complete set readings and attempt to answer the questions set in the seminar guide. Each seminar guide: 
- Identifies the readings students must complete before the seminar, the lectures associated with the seminar, and the online modules students may choose to watch before the seminar;
- Sets out the ‘assumed knowledge’ students are expected to bring to the seminar; and 
- Contains the discussion questions, activities and problems that will form the basis of the seminar.

Readings are an essential element of learning in this course. Students are expected to complete the required readings before the relevant seminar. All required readings are examinable. 

Optional online modules will provide students with further detail on some of the key cases and concepts in the readings and lectures. These modules are optional; they are intended to supplement the compulsory materials. 

The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies. This means students in this course are expected to devote 12 hours per week to this subject. 

Contact time: attend 2 hour seminar every fortnight; attend, or watch online, a 2 hour lecture each week. This amounts to 36 hours of formal class time across the semester.

Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assessments. This includes reading the material, preparing for seminars, and undertaking assessment tasks. 

The course is likely to cover the topics set out below. The coverage of topics may change; an up-to-date table of learning activities will be available on MyUni.

Schedule

Week	Lecture	Seminar
Week 1	Interpretation and characterisation	Seminar 1: Interpretation and characterisation
Week 2	Corporations power
Week 3	External affairs	Seminar 2: Corporations power
Week 4	Aliens Power
Week 5	Fiscal federalism	Seminar 3: External affairs and aliens power
Week 6	Section 92
Mid-Semester Break
Week 7	Intergovernmental immunities	Seminar 4: Fiscal federalism and s 92
Week 8	Inconsistent laws
Week 9	Implied freedom of political communication I	Seminar 5: Intergovernmental immunities and inconsistent laws
Week 10	Implied freedom of political communication II
Week 11	Assignment feedback/Revision	Seminar 6: Implied freedom of political communication
Week 12	Revision

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

This course does not include a small group discovery experience.

Assessment Task	Group/individual	Weighting	Due	Length	Redeemable	Learning Outcome
Online quizzes	Individual	10%	Weeks 2-11	N/A	N	1, 2, 4, 6
Interim assignment	Individual	25%	Friday, Week 7	2000 words	Y (if bona fide effort made)	1, 2, 3, 4, 5, 6
Take Home Exam	Individual	65-90%	Exam period	2 and a half hours	N	1, 2, 3, 5

No special requirements

1. Interim Assignment 25%

Redeemable, so long as a bona fide effort (as judged by the course coordinator) has been demonstrated. 

Due Date: Friday, week 7

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

Marking Criteria: The assignment will be assessed against the following criteria:
· Demonstrated understanding of constitutional law and theory;
· Ability to identify relevant legal issues and case law;
· Capacity to apply the law in a logical and considered manner;
· Ability to construct an argument in the student's own words;
· Critical analysis of the law and concepts;
· Written communication skills;
· Proper and accurate citation of sources.

2. Online quizzes 10%

Non-redeemable

Because of the importance of keeping up with the material, there will be a compulsory online quiz in weeks 2-11 to test students' understanding of the concepts covered in the lectures and readings.

Each quiz must be completed by 5pm on Friday of the relevant week.

If a student is unable to complete a quiz by 5pm on Friday for substantiated reasons covered by the Modified Arrangements for Coursework Policy, they may contact the Course Coordinator to arrange an alternative. 

If a student does not complete a quiz by 5pm on Friday, and does not have substantiated reasons covered by the Modified Arrangements for Coursework Policy, they will receive a mark of 0 for that quiz. 

3. Take-home exam 65-90% (depending on whether assignment mark is redeemed)
The take-home exam will take place during the exam period. 

The exam will consist of a problem question and short answer question, 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 apply the law in a logical and considered manner;
· Ability to construct an argument in the student's own words;
· Critical analysis of the law and concepts;
· Written communication skills.

Interim Assignment

The assignment is to be submitted in electronic form via Turnitin on MyUni. 

The assignment is to be presented in typed form using a font that is easy to read (eg Times New Roman) 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 (4th ed). Failure to comply may attract a penalty of up to 5% of the total mark possible. 

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

Extensions
Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

Late Submission Penalties
When an assessment is submitted after the due date, without an extension, 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 and public holidays. For example, an assignment 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 assignment that is more than 24 hours late will lose 10%, etc.

Word limit penalties
The word limit is 2,000 words. 5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, an assignment graded at 63% will have 5% deducted if it is between 2,001 and 2,100 words long for a final mark of 58%. If the assignment is between 2,101 and 2,200 words long, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings, and in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

Take-home exam 

The take-home exam will be submitted online. Details of the submission process will be provided closer to the date of the exam. 

Students will have 2.5 hours in which to complete the take-home exam. There will be no word limit. 

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

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.

The centre offers 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.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Integrity

All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity 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.