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LAW 3532 - Advanced Constitutional Law

North Terrace Campus - Semester 2 - 2022

This course will explore the ways in which courts, governments and individuals shape Australian constitutional law. It will include an overview of the different schools of theoretical thought regarding constitutional interpretation, but also around principles such as popular sovereignty, federalism, the separation of powers, the rule of law, and the role of the common law. The course will give students an opportunity to explore current constitutional questions as well as historically important constitutional disputes. Students will gain an understanding of the trajectory of, and trends in, constitutional law. The study of these topics will allow students to deepen and broaden their understanding of the principles of constitutional law learnt in the compulsory course, Australian Constitutional Law. Students will gain an understanding of the practice of key actors in constitutional matters, including the High Court, state and federal executives and legislatures, Indigenous people and other individuals.

  • General Course Information
    Course Details
    Course Code LAW 3532
    Course Advanced Constitutional Law
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 1504 and LAW 2501
    Restrictions Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
    Assessment Typically will include interim assignment, group assignment and final assignment (research essay)
    Course Staff

    Course Coordinator: Dr Anna Olijnyk

    Course Timetable

    The full timetable of all activities for this course can be accessed from .

  • Learning Outcomes
    Course Learning Outcomes
    On successful completion of this course, students will be able to:
    1. Analyse the principles of Australian constitutional law, undertake self-directed legal research at an advanced level, and evaluate complex legal information. 
    2. Critique the operation of Australian constitutional law from a theoretical and policy perspective. 
    3. Structure sustained and concise arguments for a legal audience. 
    4. Analyse the operation of Australian constitutional law from a policy perspective, and in the context of social and cultural diversity. 
    5. Communicate effectively individually and as part of a team. Work in collaboration with others to prepare written documents. Engage with team members in an ethical and professional manner.
    6. Apply legal and theoretical concepts to specific situations.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)

    Attribute 1: Deep discipline knowledge and intellectual breadth

    Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.

    1, 6

    Attribute 2: Creative and critical thinking, and problem solving

    Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.

    2, 6

    Attribute 3: Teamwork and communication skills

    Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.

    3, 5

    Attribute 4: Professionalism and leadership readiness

    Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.

    1, 3, 5

    Attribute 5: Intercultural and ethical competency

    Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.

    4

    Attribute 6: Australian Aboriginal and Torres Strait Islander cultural competency

    Graduates have an understanding of, and respect for, Australian Aboriginal and Torres Strait Islander values, culture and knowledge.

    1, 2, 4, 6

    Attribute 8: Self-awareness and emotional intelligence

    Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.

    5
  • Learning Resources
    Required Resources
    There is no textbook for this course. The class guides on MyUni will direct you to required readings.
    Recommended Resources
    Tony Blackshield and George Williams, Australian Constitutional Law and Theory: Commentary and Materials (7th ed, Federation Press, 2018). This is the leading practitioner textbook. Students may find this text a useful reference or starting point for understanding the more advanced analysis in this course.

    Sarah Joseph and Melissa Castan, Federal Constitutional Law: A Contemporary View (Thomson Reuters, 5th ed, 2019). This is the required textbook for Australian Constitutional Law. It may be a helpful refresher of basic principles.
    Online Learning
    MyUni will be used to post announcements, class guides, additional class materials (including slides if used, and if available, audio recordings of lectures) and announce assignment tasks.

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


  • Learning & Teaching Activities
    Learning & Teaching Modes
    Advanced Constitutional Law will be taught in weekly three-hour seminars from weeks 1-12 of the semester.

    A typical seminar will consist of a combination of a short lecture, seminar-style activity, time for work on the group assignment, and detailed discussion of set readings. There may be guest speakers for some classes.

    Students are expected to prepare for seminars by completing set readings and attempting the seminar questions before class; and to participate actively in class discussions.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Contact time: attend 3 hour seminar week. This amounts to 36 hours of formal class time across the semester.

    Preparation time: In addition to attending seminars it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments. 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 you should spend an average of 12 hours per week on this course.
    Learning Activities Summary
    The course will focus in detail on contemporary constitutional issues. Accordingly, the structure below may be changed to adapt to current issues.
    Week 1 Introduction to the course

    Week 2 Principles of constitutional judgment writing
    Week 3 Critical constitutional judgment writing
    Week 4 Arguments in constitutional cases: the role of lawyers
    Week 5
    Constitutional interpretation part 1: legalism
    Week 6
    Constitutional interpretation part 2: realism
    Week 7
    Genesis of constitutional disputes: the role of litigants
    Week 8
    Fact finding in constitutional cases
    Week 9
    The role of individual judges
    Week 10
    First Nations Constitutions
    Week 11 Lawmaking in the shadow of the Constitution
    Week 12 Constitutional change
    Specific Course Requirements
    There are no additional requirements for completion of this course other than described elsewhere in this document.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment item % of final mark Dates Length Individual or Group Activity? Redeemable in exam? Learning Outcomes
    Judgment writing 20% Friday, week 11 1,500 words Group NA 1, 3, 5, 6
    Class participation 10% In class NA Individual NA 1, 2, 4, 5, 6
    Research proposal presentation 10% First six weeks of class 10 minutes Individual NA 3, 5
    Reflection on judgment writing 30% Friday, week 12 2,000 words Individual NA 1, 2, 3, 4, 5, 6
    Research essay/recording 30% Friday, SWOTVAC 2,000 words or 15 minutes Individual NA 1, 2, 3, 4, 5, 6
    Assessment Detail

    Judgment Writing (20%)

    This assessment will provide students with an opportunity to apply their understanding of the role of the High Court in constitutional interpretation. The assignment will require students, working in groups, to write part of a judgment in a real High Court case.

    Students will have the opportunity to give feedback on the contribution of group members. The mark that each student receives may be adjusted to reflect unequal contributions.

    Class Participation (10%)

    The grade will be based on preparation, quality of contributions, and engagement with other students.

    Research Proposal Presentation (10%)

    Students will be required to present the proposed topic for their research essay or recorded presentation in either an oral presentation to the class or a recorded presentation to be played in class. In either case, they will be required to respond to questions. 5 minutes will be allocated to the presentation, and 5 minutes to questions. 

    Reflection on Judgment Writing (30%)

    Writing individually, students will explain how they reached their  conclusion in the judgment writing exercise assignment. This is an
    opportunity to explain how students applied the concepts learned in the course, and how they worked with their peers.

    Research Essay/presentation (30%)

    This assessment will allow students to demonstrate their research and comunication skills, and to apply their understanding of the concepts covered in the course. The assignment will require students to identify, research, and analyse an appropriate constitutional case study. 

    Students can choose to present their work in either a 2,000 word research essay or a 15 minute recorded video or audio presentation. Regardless of the format chosen, students will be assessed on their understanding of the law, depth and quality of research, critical thinking, and communication. 

    Submission
    Students must retain a copy of all assignments submitted.

    All written assignments in this course are to be submitted electronically through Turnitin.  All assessments will be submitted and monitored through text or code comparative software (e.g. Turnitin) where possible.

    All written work in the Law school is required to comply with the approved Law School styleguide, The Australian Guide to Legal Citation (4th edition).

    Extensions: Requests for extensions must be made electronically according to law school policy. Extensions will be granted only  in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not usually grounds for an extension.

    Turnaround time: The written assignments for this course will be returned to students within 2– 4 weeks of the submission date.

    Late Submission Penalties: When an assessment is submitted after the due date, without an extension, 5% of the totalmark
    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 essay that is more than 24 hours late will lose 10%, etc.Word

    Length Penalties: For a written assessment, 5% of the total mark possible 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 1 and 100 words over the word count for a final mark of 58%. If the assignment is between 101 and 200 words over the word count, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings, in quotations, and substantive text in the footnotes, but exclude references 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.

    For a recorded presentation (ie if a student takes the recorded presentation option for the 30% research task), 5% of the total mark possible will be deducted for every 1 minute (or part thereof) by which it exceeds the time limit. For example, an assignment graded at 63% will have 5% deducted if it is between 1 second and 60 seconds over the time limit for a final mark of 58%. If the assignment is between 61 and 120 seconds over the time limit, 10% will be deducted for a final mark of 53%, etc.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through .

    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.
  • Student Feedback

    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 GOS 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 the conclusion of each term/semester/trimester for every course offering. 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 course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
  • Student Support
    The provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 成人大片.

    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 , 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 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.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    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.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.

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