LLB203 Constitutional Law
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB203 |
|---|---|
| Prerequisite(s): | LLB105 or LLB107 |
| Equivalent(s): | LWB242 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $1,394 |
| Domestic tuition unit fee | $2,748 |
| International unit fee | $3,780 |
Summer:
| Dates | Start 15 Nov 2020 End 18 Feb 2021 |
|---|---|
| Restrictions | No restrictions: this unit is available to all QUT, single-unit study and cross institutional students. |
| Notes | This is a summer tuition fee unit at the Undergraduate level. Standard tuition fees apply. Eligible students may apply for FEE-HELP in eStudent, including cross institutional and QUT students in a Commonwealth supported place who are required to pay tuition fees. |
Unit Outline: Semester 1 2020, Gardens Point, Internal
| Unit code: | LLB203 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB105 or LLB107 |
| Equivalent: | LWB242 |
| Coordinators: | Alex Deagon | alex.deagon@qut.edu.au Peta Stephenson | peta.stephenson@qut.edu.au |
Overview
An understanding of the role and scope of the Constitution and how to critically consider constitutional questions and problems, is critical to your understanding of how our nation functions politically. For example, the Constitution specifies who can stand for parliament, controls what politicians and public servants can and cannot do, provides the basis for Federal legislation and limits Federal and State governments in a number of ways. In this unit, you will further examine the principles of public law that were introduced to you in LLB101 Introduction to Law and LLB107 Statutory Interpretation. Knowledge of constitutional law is also required for your admission as a legal practitioner.
Learning Outcomes
On successful completion of this unit you will be able to:
- Identify, evaluate and apply the principles of constitutional law in its contemporary cultural, social and political environments, including consideration of the relationship between Aboriginal and Torres Strait Islander peoples and the Australian Constitution (CLOs 1.1, 1.2, 2.3)
- Analyse cases and apply knowledge of relevant principles of constitutional interpretation to solve defined legal problems and formulate considered legal opinions (CLOs 1.1, 2.1, 2.2)
- Use appropriate legal research databases to identify, locate and evaluate relevant primary and secondary sources (CLO 3.1)
- Write clearly and concisely to communicate legal concepts and advice to clients and other legal professionals in appropriate written formats and demonstrate understanding of effective intercultural communication (CLO 4.1)
Content
The content of this unit includes:
- Principles of interpretation of the Commonwealth Constitution
- Commonwealth legislative power, including approaches to characterisation and an examination of the nature and extent of selected subject matters of Commonwealth legislative power in s 51 of the Constitution
- Federal distribution of powers between the Commonwealth and States
- The content and scope of the executive power of the Commonwealth
- Separation of powers at Commonwealth and State levels
- Express and implied federal limits on Commonwealth and State powers and constitutional rights
- Constitutional determination, recognition and sovereignty for Aboriginal and Torres Strait Islander peoples
Learning Approaches
This unit employs scenario-based learning and cooperative problem solving to develop your legal analysis, problem-solving and communication skills.
Your participation in this unit will include:
- Weekly lectures utilising online podcasts and activities, as well as two face-to-face lectures, to explain key concepts and provide a structure for your learning that supplement your prescribed reading.
- Weekly independent preparation for tutorials that includes reading prescribed materials and answering tutorial questions and reflecting on tutorial learning activities.
- Participation in weekly tutorials to practice applying the law to hypothetical problem scenarios and developing your legal analysis, problem-solving and communication skills. Critical thinking and problem solving are modelled to you in these sessions. Face-to-face tutorials will be available for internal students and recordings of the tutorials will be made available online for internal and external students.
- An optional External Attendance School midway through the semester that provides support for the development of the content knowledge and skills of external students.
- Independent review of key concepts via online resources.
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:
• the discussions in the weekly tutorials
• the optional External Attendance School (external students)
• online materials
• the individual feedback provided on assessment with the completed Criteria Referenced Assessment form
• generic feedback posted on the unit's Blackboard for each item of assessment
• the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit you are graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Quiz
You will complete a quiz that will examine your understanding of the principles studied in the unit up until these weeks of the semester.
Assessment: Policy Submission
You will write a submission to a parliamentary inquiry that examines options for constitutional reform in relation to Aboriginal and Torres Strait Islander peoples. In your submission, you will provide a critique of current constitutional arrangements and recommend a course of action.
Assessment: Online Examination (theory)
An end-of-semester written examination (open book) will assess the depth of your knowledge and understanding of the individual topics considered in the unit as well as your ability to analyse and apply the principles of constitutional law to solve defined problems.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
John Pyke, Government Powers Under a Federal Constitution: Constitutional Law in Australia (LawBook Co, 2nd ed, 2019)
Recommended text(s)
George Williams, Sean Brennan and Andrew Lynch, Blackshield and Williams, Australian Constitutional Law and Theory: Commentary and Materials (Federation Press, 7th ed, 2018)
Luke Beck, Australian Constitutional Law: Concepts and Cases (Cambridge University Press, 2020)
Risk Assessment Statement
There are no unusual risks in this unit.
Unit Outline: Semester 1 2020, Gardens Point, External
| Unit code: | LLB203 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB105 or LLB107 |
| Equivalent: | LWB242 |
| Coordinators: | Alex Deagon | alex.deagon@qut.edu.au Peta Stephenson | peta.stephenson@qut.edu.au |
Overview
An understanding of the role and scope of the Constitution and how to critically consider constitutional questions and problems, is critical to your understanding of how our nation functions politically. For example, the Constitution specifies who can stand for parliament, controls what politicians and public servants can and cannot do, provides the basis for Federal legislation and limits Federal and State governments in a number of ways. In this unit, you will further examine the principles of public law that were introduced to you in LLB101 Introduction to Law and LLB107 Statutory Interpretation. Knowledge of constitutional law is also required for your admission as a legal practitioner.
Learning Outcomes
On successful completion of this unit you will be able to:
- Identify, evaluate and apply the principles of constitutional law in its contemporary cultural, social and political environments, including consideration of the relationship between Aboriginal and Torres Strait Islander peoples and the Australian Constitution (CLOs 1.1, 1.2, 2.3)
- Analyse cases and apply knowledge of relevant principles of constitutional interpretation to solve defined legal problems and formulate considered legal opinions (CLOs 1.1, 2.1, 2.2)
- Use appropriate legal research databases to identify, locate and evaluate relevant primary and secondary sources (CLO 3.1)
- Write clearly and concisely to communicate legal concepts and advice to clients and other legal professionals in appropriate written formats and demonstrate understanding of effective intercultural communication (CLO 4.1)
Content
The content of this unit includes:
- Principles of interpretation of the Commonwealth Constitution
- Commonwealth legislative power, including approaches to characterisation and an examination of the nature and extent of selected subject matters of Commonwealth legislative power in s 51 of the Constitution
- Federal distribution of powers between the Commonwealth and States
- The content and scope of the executive power of the Commonwealth
- Separation of powers at Commonwealth and State levels
- Express and implied federal limits on Commonwealth and State powers and constitutional rights
- Constitutional determination, recognition and sovereignty for Aboriginal and Torres Strait Islander peoples
Learning Approaches
This unit employs scenario-based learning and cooperative problem solving to develop your legal analysis, problem-solving and communication skills.
Your participation in this unit will include:
- Weekly lectures utilising online podcasts and activities, as well as two face-to-face lectures, to explain key concepts and provide a structure for your learning that supplement your prescribed reading.
- Weekly independent preparation for tutorials that includes reading prescribed materials and answering tutorial questions and reflecting on tutorial learning activities.
- Participation in weekly tutorials to practice applying the law to hypothetical problem scenarios and developing your legal analysis, problem-solving and communication skills. Critical thinking and problem solving are modelled to you in these sessions. Face-to-face tutorials will be available for internal students and recordings of the tutorials will be made available online for internal and external students.
- An optional External Attendance School midway through the semester that provides support for the development of the content knowledge and skills of external students.
- Independent review of key concepts via online resources.
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:
• the discussions in the weekly tutorials
• the optional External Attendance School (external students)
• online materials
• the individual feedback provided on assessment with the completed Criteria Referenced Assessment form
• generic feedback posted on the unit's Blackboard for each item of assessment
• the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit you are graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Quiz
You will complete a quiz that will examine your understanding of the principles studied in the unit up until these weeks of the semester.
Assessment: Policy Submission
You will write a submission to a parliamentary inquiry that examines options for constitutional reform in relation to Aboriginal and Torres Strait Islander peoples. In your submission, you will provide a critique of current constitutional arrangements and recommend a course of action.
Assessment: Online Examination (theory)
An end-of-semester written examination (open book) will assess the depth of your knowledge and understanding of the individual topics considered in the unit as well as your ability to analyse and apply the principles of constitutional law to solve defined problems.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
John Pyke, Government Powers Under a Federal Constitution: Constitutional Law in Australia (LawBook Co, 2nd ed, 2019)
Recommended text(s)
George Williams, Sean Brennan and Andrew Lynch, Blackshield and Williams, Australian Constitutional Law and Theory: Commentary and Materials (Federation Press, 7th ed, 2018)
Luke Beck, Australian Constitutional Law: Concepts and Cases (Cambridge University Press, 2020)
Risk Assessment Statement
There are no unusual risks in this unit.
Unit Outline: Summer 2020, Gardens Point, External
| Unit code: | LLB203 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB105 or LLB107 |
| Equivalent: | LWB242 |
| Coordinator: | Thomas Kennedy | t4.kennedy@qut.edu.au |
Overview
An understanding of the role and scope of the Constitution and how to critically consider constitutional questions and problems is critical to your understanding of how our nation functions politically. For example, the Constitution specifies who can stand for parliament, controls what politicians and public servants can and cannot do, provides the basis for Federal legislation and limits Federal and State governments in a number of ways. In this unit, you will further examine the principles of public law that were introduced to you in LLB101 Introduction to Law and LLB107 Statutory Interpretation. Knowledge of constitutional law is also required for your admission as a legal practitioner.
Learning Outcomes
On successful completion of this unit you will be able to:
- Identify, evaluate and apply the principles of constitutional law in its contemporary cultural, social and political environments, including consideration of the relationship between Aboriginal and Torres Strait Islander peoples and the Australian Constitution (CLOs 1.1, 1.2, 2.3)
- Analyse cases and apply knowledge of relevant principles of constitutional interpretation to solve defined legal problems and formulate considered legal opinions (CLOs 1.1, 2.1, 2.2)
- Use appropriate legal research databases to identify, locate and evaluate relevant primary and secondary sources (CLO 3.1)
- Write clearly and concisely to communicate legal concepts and advice to clients and other legal professionals in appropriate written formats and demonstrate understanding of effective intercultural communication (CLO 4.1)
Content
The content of this unit includes:
- Principles of interpretation of the Commonwealth Constitution
- Commonwealth legislative power, including approaches to characterisation and an examination of the nature and extent of selected subject matters of Commonwealth legislative power in s 51 of the Constitution
- Federal distribution of powers between the Commonwealth and States
- The content and scope of the executive power of the Commonwealth
- Separation of powers at Commonwealth and State levels
- Express and implied federal limits on Commonwealth and State powers and constitutional rights
- Constitutional determination, recognition and sovereignty for Aboriginal and Torres Strait Islander peoples
Learning Approaches
This unit employs an active and collaborative approach to learning. It involves an online, self-led learning practice and live tutorials where you will learn from experts and have an opportunity to discuss with your peers. Prior to tutorials, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, interactive quizzes, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement with online materials to explain key concepts and provide a structure for your learning that supplement your prescribed reading.
- Discussions on Blackboard and in live tutorials to practice applying the law to hypothetical problem scenarios, developing your legal analysis, problem-solving, critical thinking and communication skills.
- Collaboration with peers and experts to network and share your understandings.
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:
- responses and online discussions about content provided in weekly tutorials
- periodic, online formative and summative assessments
- individual feedback provided on submitted assessment items
- generic feedback posted on the unit's Blackboard for each item of assessment
Assessment
Overview
In this unit you are graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Quiz
You will complete a quiz that will examine your understanding of the principles studied in the unit up until these weeks of the semester.
Assessment: Policy Submission
You will write a submission to a parliamentary inquiry that examines options for constitutional reform in relation to Aboriginal and Torres Strait Islander peoples. In your submission, you will provide a critique of current constitutional arrangements and recommend a course of action.
Assessment: Online Examination (theory)
An end-of-semester written examination (open book) will assess the depth of your knowledge and understanding of the individual topics considered in the unit as well as your ability to analyse and apply the principles of constitutional law to solve defined problems.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
John Pyke, Government Powers Under a Federal Constitution: Constitutional Law in Australia (LawBook Co, 2nd ed, 2019)
Recommended text(s)
George Williams, Sean Brennan and Andrew Lynch, Blackshield and Williams, Australian Constitutional Law and Theory: Commentary and Materials (Federation Press, 7th ed, 2018)
Luke Beck, Australian Constitutional Law: Concepts and Cases (Cambridge University Press, 2020)
Risk Assessment Statement
There are no unusual risks in this unit.
Unit Outline: Summer 2020, Gardens Point, Block
| Unit code: | LLB203 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB105 or LLB107 |
| Equivalent: | LWB242 |
| Coordinator: | Thomas Kennedy | t4.kennedy@qut.edu.au |
Overview
An understanding of the role and scope of the Constitution and how to critically consider constitutional questions and problems is critical to your understanding of how our nation functions politically. For example, the Constitution specifies who can stand for parliament, controls what politicians and public servants can and cannot do, provides the basis for Federal legislation and limits Federal and State governments in a number of ways. In this unit, you will further examine the principles of public law that were introduced to you in LLB101 Introduction to Law and LLB107 Statutory Interpretation. Knowledge of constitutional law is also required for your admission as a legal practitioner.
Learning Outcomes
On successful completion of this unit you will be able to:
- Identify, evaluate and apply the principles of constitutional law in its contemporary cultural, social and political environments, including consideration of the relationship between Aboriginal and Torres Strait Islander peoples and the Australian Constitution (CLOs 1.1, 1.2, 2.3)
- Analyse cases and apply knowledge of relevant principles of constitutional interpretation to solve defined legal problems and formulate considered legal opinions (CLOs 1.1, 2.1, 2.2)
- Use appropriate legal research databases to identify, locate and evaluate relevant primary and secondary sources (CLO 3.1)
- Write clearly and concisely to communicate legal concepts and advice to clients and other legal professionals in appropriate written formats and demonstrate understanding of effective intercultural communication (CLO 4.1)
Content
The content of this unit includes:
- Principles of interpretation of the Commonwealth Constitution
- Commonwealth legislative power, including approaches to characterisation and an examination of the nature and extent of selected subject matters of Commonwealth legislative power in s 51 of the Constitution
- Federal distribution of powers between the Commonwealth and States
- The content and scope of the executive power of the Commonwealth
- Separation of powers at Commonwealth and State levels
- Express and implied federal limits on Commonwealth and State powers and constitutional rights
- Constitutional determination, recognition and sovereignty for Aboriginal and Torres Strait Islander peoples
Learning Approaches
This unit employs an active and collaborative approach to learning. It involves an online, self-led learning practice and live tutorials where you will learn from experts and have an opportunity to discuss with your peers. Prior to tutorials, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, interactive quizzes, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement with online materials to explain key concepts and provide a structure for your learning that supplement your prescribed reading.
- Discussions on Blackboard and in live tutorials to practice applying the law to hypothetical problem scenarios, developing your legal analysis, problem-solving, critical thinking and communication skills.
- Collaboration with peers and experts to network and share your understandings.
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:
- responses and online discussions about content provided in weekly tutorials
- periodic, online formative and summative assessments
- individual feedback provided on submitted assessment items
- generic feedback posted on the unit's Blackboard for each item of assessment
Assessment
Overview
In this unit you are graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Quiz
You will complete a quiz that will examine your understanding of the principles studied in the unit up until these weeks of the semester.
Assessment: Policy Submission
You will write a submission to a parliamentary inquiry that examines options for constitutional reform in relation to Aboriginal and Torres Strait Islander peoples. In your submission, you will provide a critique of current constitutional arrangements and recommend a course of action.
Assessment: Online Examination (theory)
An end-of-semester written examination (open book) will assess the depth of your knowledge and understanding of the individual topics considered in the unit as well as your ability to analyse and apply the principles of constitutional law to solve defined problems.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
John Pyke, Government Powers Under a Federal Constitution: Constitutional Law in Australia (LawBook Co, 2nd ed, 2019)
Recommended text(s)
George Williams, Sean Brennan and Andrew Lynch, Blackshield and Williams, Australian Constitutional Law and Theory: Commentary and Materials (Federation Press, 7th ed, 2018)
Luke Beck, Australian Constitutional Law: Concepts and Cases (Cambridge University Press, 2020)
Risk Assessment Statement
There are no unusual risks in this unit.