Overview
LAWS11065 Constitutional law examines the organization, source and limits of Commonwealth and State powers, and the relations between the three branches of government at Commonwealth and State levels. In this unit you will examine State and Commonwealth constitutions and constitutional systems; the constitution and operation of the legislature, executive and judiciary; the relationship between the different institutions of government and the separation of powers; and the relationship between the different levels of government. This unit meets the LPAB requirements for federal and state constitutional law.
Details
Pre-requisites or Co-requisites
Co-requisite LAWS11057
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 2 - 2025
Attendance Requirements
All on-campus students are expected to attend scheduled classes - in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of 'pass' in order to pass the unit. If any 'pass/fail' tasks are shown in the table above they must also be completed successfully ('pass' grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the 'assessment task' section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University's Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from SUTE teacher evaluations
Tutorials facilitate student interaction and provide practical application and explanations of key concepts.
Tutorials should continue to be designed in a way that engages and encourages students to interact with each other, and enable practical application and explanation of key concepts.
Feedback from SUTE teacher evaluations
The special tutorial on how to use generative AI effectively was an exceptional tool for learning and understanding how to comply with academic integrity rules.
Students should continue to be given an opportunity to learn more about generative AI and how it can assist in improving learning outcomes and ensuring compliance with academic integrity rules.
Feedback from SUTE teacher evaluations
Students should be informed about the coverage of the final take home exam a few weeks before the exam date itself.
The feedback makes good sense and students should be informed about the coverage of the final take home exam a few weeks before the exam date itself.
- Examine and apply the constitutional law principles through discussion of the Commonwealth's legislative powers, and Commonwealth and state relations.
- Identify and interpret the appropriate constitutional provisions and case authorities to support the application of constitutional principles to factual legal problems.
- Critically analyse the scope and application of rights and liberties expressly stated or implied into the Constitution, including those of Aboriginal and Torres Strait Islanders.
- Communicate effectively through writing or in collaboration with others regarding the impact of High Court decisions on the development of constitutional principles on the character of the federal system in Australia and the separation of powers.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Written Assessment - 40% | ||||
| 2 - Group Work - 10% | ||||
| 3 - Examination - 50% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Communication | ||||
| 2 - Problem Solving | ||||
| 3 - Critical Thinking | ||||
| 4 - Information Literacy | ||||
| 5 - Team Work | ||||
| 6 - Information Technology Competence | ||||
| 7 - Cross Cultural Competence | ||||
| 8 - Ethical practice | ||||
| 9 - Social Innovation | ||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||
Textbooks
Australian Constitutional Law: Principles in Movement
(2022)
Authors: Jonathan Crowe
Oxford University Press
Docklands Docklands , Victoria , Australia
ISBN: 9780190311414
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Webcam and microphone to enable invigilation of exam
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
m.oyson@cqu.edu.au
Module/Topic
Introduction to Australian Constitutional Law: Constitutional Law in Movement
Chapter
Jonathan Crowe, Australian Constitutional Law: Principles in Movement (Oxford University Press, 2022) Chapter 1
Events and Submissions/Topic
Module/Topic
Interpreting Legislative Powers
Chapter
Jonathan Crowe, Australian Constitutional Law: Principles in Movement (Oxford University Press, 2022) Chapter 3
Events and Submissions/Topic
Module/Topic
Economic Powers of the Commonwealth I: Trade, Commerce, and Corporations Powers
Chapter
Jonathan Crowe, Australian Constitutional Law: Principles in Movement (Oxford University Press, 2022) Chapter 4
Events and Submissions/Topic
Module/Topic
Economic Powers of the Commonwealth II: Taxation Power
Chapter
Jonathan Crowe, Australian Constitutional Law: Principles in Movement (Oxford University Press, 2022) Chapter 4
Events and Submissions/Topic
Module/Topic
International Powers of the Commonwealth
Chapter
Jonathan Crowe, Australian Constitutional Law: Principles in Movement (Oxford University Press, 2022) Chapter 5
Events and Submissions/Topic
Module/Topic
Break Week
Chapter
Events and Submissions/Topic
Module/Topic
Executive Power and Responsible Government
Chapter
Jonathan Crowe, Australian Constitutional Law: Principles in Movement (Oxford University Press, 2022) Chapter 6
Events and Submissions/Topic
Module/Topic
Federalism and Governance
Chapter
Jonathan Crowe, Australian Constitutional Law: Principles in Movement (Oxford University Press, 2022) Chapter 7
Events and Submissions/Topic
Module/Topic
Judicial Power of the Commonwealth
Chapter
Jonathan Crowe, Australian Constitutional Law: Principles in Movement (Oxford University Press, 2022) Chapter 8
Events and Submissions/Topic
Module/Topic
Judicial Power in the States
Chapter
Jonathan Crowe, Australian Constitutional Law: Principles in Movement (Oxford University Press, 2022) Chapter 9
Events and Submissions/Topic
Module/Topic
Express Constitutional Rights
Chapter
Jonathan Crowe, Australian Constitutional Law: Principles in Movement (Oxford University Press, 2022) Chapter 10
Events and Submissions/Topic
Module/Topic
Implied Constitutional Rights
Chapter
Jonathan Crowe, Australian Constitutional Law: Principles in Movement (Oxford University Press, 2022) Chapter 11
Events and Submissions/Topic
Module/Topic
Review Week
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Group Work
This assignment consists of two components:
· Analytical Essay (500–600 words):
A collaborative or individual essay analysing a constitutional issue provided in the task sheet.
· Personal Reflection (100–150 words):
A short reflection on your interpersonal experience working with a partner (if applicable), or your experience working individually.
Group Work Format
The analytical essay is to be co-authored by a pair of students, but each student must submit their own individual reflection on the team experience.
You and your partner may choose to:
· Divide the essay into sections and each write a portion, or
· Collaborate on all parts of the essay jointly.
This is at your discretion as a team.
Note: Only two students may work together on each analytical essay. Partners will be assigned at random after the Census Date. The goal of this task is to evaluate your capacity to work collaboratively on a legal research topic.
Students are expected to show initiative in organising meetings and working cooperatively to complete the assignment.
Individual Option
If a student is unable to work in a pair due to specific circumstances, they may complete the analytical essay individually. In this case, they must also write a personal reflection (100–150 words) on the experience of working alone.
Word Count Requirements
· Analytical Essay: Maximum 600 words, including footnotes.
Any content beyond the limit will not be marked.
· Personal Reflection: Maximum 150 words.
Any content beyond the limit will not be marked. No references are required.
Assessment Weighting: 10% Total
· Analytical Essay: 8% of grade
· Personal Reflection: 2% of grade
Instructions on the Use of AI
This assessment requires students to adhere to the guidelines on the use of artificial intelligence tools as specified in the Artificial Intelligence Assessment Scale (AIAS). Any misuse or lack of disclosure regarding the use of AI tools will be considered a breach of academic integrity.
Level of GenAI Use Allowed
Level 3: You may use AI to assist with specific tasks such as drafting text, and refining and evaluating your work. You must critically evaluate and modify any AI-generated content you use.
Submission Instructions
· For students working in pairs, only one copy of the analytical essay should be submitted on Moodle.
· The submitted essay must clearly include the names of both students. Both students will receive the same mark for the analytical essay.
· The student uploading the essay on behalf of the pair must also include their own personal reflection in the same Microsoft Word document.
· The other student must individually upload their own personal reflection as a separate Microsoft Word document via Moodle.
Note: All files must be submitted in Microsoft Word (.doc or .docx) format only. Final submissions are due on or before the specified deadline.
Extensions of more than 14 days are not available for this assessment. Due to the need to provide prompt feedback to students and the content of feedback provided, submissions received after the assessment has been returned to students cannot be accepted for academic integrity reasons. Students seeking extensions beyond this timeframe will be required to undertake a different version of the assessment task.
Week 5 Wednesday (13 Aug 2025) 7:00 pm AEST
Online (via Moodle)
Week 7 Wednesday (3 Sept 2025)
· Analytical Essay: 8% of grade
Assessed on content, critical thinking, and writing style.
· Personal Reflection: 2% of grade
Assessed on the depth of insight, clarity of expression, and evidence of learning from the collaborative or individual experience.
** Further details of the assessment will be posted on Moodle.
- Examine and apply the constitutional law principles through discussion of the Commonwealth's legislative powers, and Commonwealth and state relations.
- Critically analyse the scope and application of rights and liberties expressly stated or implied into the Constitution, including those of Aboriginal and Torres Strait Islanders.
- Communicate effectively through writing or in collaboration with others regarding the impact of High Court decisions on the development of constitutional principles on the character of the federal system in Australia and the separation of powers.
2 Written Assessment
This written assessment involves answering two (2) questions based on hypothetical case scenarios. It will cover any of the topics in weeks 1 to 6.
The questions will be released on 27 August 2025 (Wednesday) at 7 PM (AEST) and answers are due on 3 September 2025 (Wednesday) at 7 PM (AEST).
The total word count for all the answers, including footnotes, should not exceed 1,000 words. This word count will be strictly applied. Any text that exceeds the word count limit will not be marked.
Extensions of more than 14 days are not available for this assessment. Due to the need to provide prompt feedback to students and the content of feedback provided, submissions received after the assessment has been returned to students cannot be accepted for academic integrity reasons. Students seeking extensions beyond this timeframe will be required to undertake a different version of the assessment task.
Instructions on the Use of AI
This assessment requires students to adhere to the guidelines on the use of artificial intelligence tools as specified in the Artificial Intelligence Assessment Scale (AIAS). Any misuse or lack of disclosure regarding the use of AI tools will be considered a breach of academic integrity.
Level of GenAI Use Allowed
Level 3: You may use AI to assist with specific tasks such as drafting text, and refining and evaluating your work. You must critically evaluate and modify any AI-generated content you use.
Week 7 Wednesday (3 Sept 2025) 7:00 pm AEST
Online, via Moodle
Week 10 Wednesday (24 Sept 2025)
This assessment will be assessed according to the following criteria: correct and thorough identification of the legal issue(s) (10%) and rules/legal principles (30%); correct and thorough analysis and application of the rules and legal principles to the legal issue(s) and the facts (40%); well thought-out conclusion (10%); and quality of the language usage and observance of proper structure, format, and instructions (10%).
A detailed marking rubric is available on the Moodle site.
- Examine and apply the constitutional law principles through discussion of the Commonwealth's legislative powers, and Commonwealth and state relations.
- Identify and interpret the appropriate constitutional provisions and case authorities to support the application of constitutional principles to factual legal problems.
- Communicate effectively through writing or in collaboration with others regarding the impact of High Court decisions on the development of constitutional principles on the character of the federal system in Australia and the separation of powers.
Examination
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
