Topic outline



llaw 2104 CONSTITUTIONAL LAW [GROUP WORK] first semester 2008 topic outline
llaw 2104 CONSTITUTIONAL LAW [GROUP WORK] 1

first semester 2008 1

topic outline 1

Introduction 2

Academic staff involved in this topic 2

Staff consultation times: please use 3

How we'll communicate Topic outline with you during the Topic 3

How to use FLO 3

Expected Learning Outcomes 4

Texts and Readings 5

Contact time 6

Workload in this topic 8

How to Approach the Topic: Becoming an Independent Learner Topic outline 8

Why group work? 9

Assessment 10

Conclusion 12

CONSTITUTIONAL LAW CONTENT 2008 13

THE CONSTITUTIONAL LAW [GROUP WORK] WEEK 2008 14



Introduction
Welcome to Constitutional Law for 2008. Please read this Outline carefully. It contains essential information, which will help you not Topic outline only to pass this topic but also hopefully to enjoy it. You should refer back to this Outline at any time during the semester when you need information about the Topic outline topic. In particular, you may find it helpful to refer to the section below headed ‘Expected Learning Outcomes’, if and when you are not sure where the topic is going.

Other important handouts are Topic outline: the ^ Lecture Outline and Study Guide and the Workshop Materials. If you lose any of this information it is all available on Flinders Learning Online (FLO) for downloading.

The main themes Topic outline that we will be covering are:

We will be hoping to foster skills of independent learning and Topic outline to encourage you to think critically about these questions. Another important фокус of the topic is the development of groupwork skills, as explained in some detail below and in the Workshop Materials Topic outline.

Constitutional law is not for everyone - no area of law is - but we hope that you will find the topic interesting and valuable. Many of you are likely to find yourselves Topic outline employed or otherwise engaged by government; the importance of this topic to you goes without saying. However, one thing you will learn is that constitutional issues can crop up in Topic outline any area of law, at any time. One of the most famous constitutional cases in recent times arose because a cray-fisherman was being prosecuted for possession of undersized crays! It took a lawyer with Topic outline a constitutional law ‘radar’ to spot the potential for challenging the validity of the law on which the prosecution was based. Therefore, regardless of the field of legal practice you think Topic outline you might go into – criminal, corporate/commercial, property, family law etc – you should think of it as inevitable that your work will expose you to constitutional questions and require you Topic outline to at least think about challenging Commonwealth or State legislation. This topic is where you learn how to recognise such a situation, and the basic principles that should guide you when it arises. It is Topic outline also an essential topic for helping you to understand where the law fits into society; where it blurs into politics, history and economics. Before you can call yourself a Topic outline lawyer, you need to have an idea what the contours and boundaries of law are, and this is a topic where you have an opportunity to explore that question in some depth.
^ Academic staff involved Topic outline in this topic

Elizabeth.Handsley@flinders.edu.au

Topic Co-ordinator Lectures, workshops

Room 2.24

8201 5256

Consultation times: Mon 10-11, Fri 12-12.30

XXX

Workshop facilitator

Available by email

Available by email

TBA

XXX

Workshop facilitator


Room 2.50

8201 5723

Thursday 11-12

Queries about any aspect of the topic, content Topic outline or administrative (eg availability of materials, requests for extensions) can be directed to Elizabeth.

Queries that are limited to the content of the topic can also be addressed to your workshop Topic outline facilitator. Please note that both XXX and XXX are part-time academic staff, and therefore available at limited times. They will check and respond to email messages during their designated Topic outline consultation times.
^ Staff consultation times: please use
We believe that brief individual consultations with academic staff can be some of the most helpful learning experiences for you, but as academic staff have multiple Topic outline demands on their time it is important for us to manage our time carefully. This is one of the reasons we nominate consultation times as set out above; the other is that it is Topic outline more convenient for students if you know that there is a particular time when you will be able to find a member of academic staff in his or her office, ready Topic outline to help you and not caught up in some other task. The use of staff consultation times is all the more important in this topic where we have two part-time Topic outline staff members.

Therefore if possible it would be appreciated if you would use the consultation times set out above for any consultation you need. Where a location is indicated for consultation, but you are Topic outline unable to attend in person, you are welcome to phone or email. It may be possible to make an appointment at another time. The part-time staff members will Topic outline check student emails during their designated consultation times. Similarly, Elizabeth will hold over any non-urgent queries communicated by phone or email until her next consultation time.

Some times that are not Topic outline appropriate for seeking consultation with a member of academic staff are immediately before and (to a lesser extent) immediately after a lecture or workshop. The time we have in face-to-face teaching Topic outline is very limited and it is unfair to the rest of the group if any of it is taken up in consultation with individual students. This is less of an issue following Topic outline a teaching session but it is important to empty teaching spaces promptly after a session ends and the staff member may have another commitment; therefore if you do seek a consultation we may Topic outline suggest you meet us in our office or contact us at another time.

In order to maximise the usefulness to you of having designated consultation times, we suggest you enter the consultation times Topic outline of all academic staff members in your topics onto whatever copy of your timetable you consult every day. This will keep the information readily available when you need it. Meanwhile we have Topic outline provided all the relevant information in table form at the end of this handout.
^ How we'll communicate with you during the Topic
Any information that becomes available after the Topic outline distribution of this Outline will be announced in lectures, posted on FLO and/or distributed by email, depending on the level of urgency. If you miss a lecture, or even the Topic outline first few minutes of a lecture, you should check your University email and the FLO site for this topic to find out whether any announcements were мейд. Sometimes information posted on FLO will be in Topic outline a discussion message; sometimes it will be on the overhead slides for that lecture. In any event you should check the FLO discussion tool and your Flinders email regularly Topic outline, as urgent matters occasionally arise between lectures.

If you have a non-Flinders email account that you prefer to use, and you have not already done so, it will be necessary for you to arrange Topic outline for your Flinders e-mail to be bounced to the other account. We cannot send bulk email messages to non-Flinders accounts.
^ How to use FLO
As mentioned above, the main Topic outline thing is to check FLO regularly for new information. You will probably find that FLO takes on a greater importance in your learning than in other topics, because you and Topic outline your small group will have your own semi-private space for discussions, planning and so on. Here are some guidelines for other uses you might want to make of FLO:

Lecture materials (overheads etc): These Topic outline are placed on FLO to support your learning in the lectures, by allowing you to print out in advance the material that will appear on the screen, and write your notes around Topic outline it. This is the only kind of use that you should make of these materials, with the exception of where they contain information relating to announcements мейд in the lecture Topic outline. Otherwise, you should not treat access to overheads as a substitute for attendance at a lecture. (See below on what to do if you miss a lecture.)

Discussion tool: Sometimes students post Topic outline on the discussion tool queries about topic content and especially administration eg when is that assignment due? What room is that workshop in? Before posting such a message, ask yourself if it is really Topic outline something that you should be relying on other students for. Practically always, basic administrative information is readily available elsewhere, for example in this outline (which is posted on FLO) or in an Topic outline email message or FLO message posted by a staff member. You will probably be better off seeking this information out from such sources than waiting for a classmate to Topic outline post a reply that might be correct, or might not.

When it comes to information about the substance of the topic, you need to ask yourself whether you are better off getting it Topic outline sooner from other students, or a bit later in a response to a direct query to a member of academic staff (either in person or by email). Nearly always, it will Topic outline be the latter. While it is indeed part of the aim of this topic to foster interdependence among students, it remains a fact that authoritative answers on specific matters of content can only come from Topic outline academic staff. So what you need to work out is whether you are just seeking help from other students to think something through, or looking for a definite answer, in which case Topic outline you should contact a member of academic staff.

Another use that is sometimes мейд of the discussion tool is to voice concerns about aspects of the topic. Ideally any student with a Topic outline concern would approach a member of staff directly about it, but it is acceptable to share concerns with other students on FLO, just as you would around the coffee Topic outline cart. However, FLO has some major differences to live conversation: first it is a permanent record, and second, everybody in the topic, including the academic staff, can see it! Therefore any such discussions Topic outline should be polite, courteous and constructive (both to staff and to other students). On the whole we think that we are usually better able to respond to concerns if they are brought Topic outline to us directly, rather than aired with others first.

One use that should never be мейд of the discussion tool is for personal things like arranging to see your friends. Always stop Topic outline before you post a message and consider whether it is really appropriate for some 200 students to read it. The same goes for any kind of commercial promotion or advertising, even of things that you Topic outline think a lot of students would be interested in. On the other хэнд it is appropriate to use FLO to promote non-commercial activities, especially law-related ones, and Topic outline of course for passing on amusing things you’ve found on the internet! (within reason) One thing we do ask is that you refrain from attaching things to your messages, especially big files like videos Topic outline. Usually you can just paste in a link to a website.
^ Expected Learning Outcomes
By the time you have successfully completed this topic you should have:

  1. familiarity with the Topic outline content and effect of the Australian Constitution;

  2. awareness of the legal mechanisms by which government and parliamentary powers are controlled and limited in Australia;

  3. a sound understanding of the principles by which courts, particularly the Topic outline High Court of Australia, decide cases under the Australian Constitution;

  4. a general understanding of some important themes in Australian constitutional law and the events that have changed, and continue Topic outline to change, political, social and economic relationships in this country;

  5. an informed understanding of some of the major issues in constitutional law and a comprehensive knowledge the High Court's interpretation of some key sections Topic outline of the Constitution;

  6. an appreciation of the significance of the Constitution in the context of everyday legal practice and client advice work;

  7. further developed skills of critical appraisal of social Topic outline and political institutions;

  8. further developed skills of working constructively and co-operatively as a member of a group;

  9. a framework for the consideration of the dynamics of the interaction of the State with Topic outline citizens, and between various manifestations of the State;

  10. an informed view about the role of law in government.
^ Texts and Readings Prescribed text:
Peter Hanks, Patrick Keyzer & Jennifer Clarke, Australian Constitutional Topic outline Law: Materials and Commentary (7th ed, 2004)

You should purchase your own copy of this book if at all possible, as a good deal of reading from it is assigned. If you cannot Topic outline afford to purchase it, you can access it in the Library (but please note library copies of the text are not allowed in the exam).

In any event you should already have a Topic outline copy of the Australian Constitution and you will be needing it again for this topic. An electronic copy of the Australian Constitution can be found at: http://www.aph.gov.au/senate Topic outline/general/constitution/

The third essential item is the Supplementary Materials, which are available for purchase from the campus bookshop at the bargain price of $5.45. It is strongly recommended that you purchase your own Topic outline copy as this would be a good deal more economical than photocopying it yourself. However, it is possible to pass the topic by accessing those materials only through the library.

Two Topic outline other useful books that often provide a 'road map' to areas that we will be looking at are:

Sarah Joseph & Melissa Castan, Federal Constitutional Law (2006)

Tony Blackshield et al (eds) The Oxford Companion Topic outline to the High Court of Australia (2001)
^ Recommended reference:
On matters covered throughout the semester some recent books are:

George Winterton et al, Australian Federal Constitutional Law: Commentary & Materials (2nd ed Topic outline, 2007) (Note: this text has a very helpful bibliography)

Tony Blackshield & George Williams, ^ Australian Constitutional Law & Theory (4th ed, 2006)

Sarah Joseph and Melissa Castan, Federal Constitutional Law – A Contemporary View (2006)

Katherine Lindsay, The Topic outline Australian Constitution in Context (1999)

Richard Lumb and Gabriel Moens, The Constitution of the Commonwealth of Australia Annotated (6th ed, 2001)

Leslie Zines, The High Court and the Constitution (4th ed, 1997)

Suri Ratnapala, ^ Australian Constitutional Topic outline Law (2002)

There are also some older standard texts that may be of help in understanding particular cases, but they should be used with caution.

On particular aspects of the topic:

Frank Brennan Topic outline, Legislating Liberty: A Bill of Rights for Australia? (1998)

Enid Campbell and HP Lee, The Australian Judiciary (2001)

L J M Cooray, ^ Conventions, the Australian Constitution and the Future (1979)

Michael Coper, The Topic outline Franklin Dam Case (1983)

Michael Coper, Freedom of Interstate Trade (1983)

Michael Coper (ed), How Many Cheers for Engineers? (1997)

HP Lee and George Winterton (eds) ^ Australian Constitutional Perspectives (1992)

Geoffrey Lindell (ed), Future Directions in Australian Constitutional Topic outline Law (1995)

Murray Wilcox, An Australian Charter of Rights? (1993)

George Williams, Human Rights under the Australian Constitution (2002)

Adrienne Stone & George Williams (eds), The High Court at the Crossroads: Essays in Constitutional Law (2000)

HP Topic outline Lee and George Winterton (eds), Australian Constitutional Landmarks (2003)
^ General reference:
Michael Coper, Encounters with the Australian Constitution (1987)

Greg Craven (ed), Australian Federation: Towards the Second Century (1992)

Sir John Quick and Robert Garran Topic outline, The Annotated Constitution of the Australian Commonwealth (1901)

Cheryl Saunders, The Australian Constitution (1997) (annotated text)

Geoffrey Sawer, The Australian Constitution (2nd ed, 1988)

Gabriel Moens and John Trone, The Constitution of the Commonwealth of Australia Topic outline Annotated (6th ed, 2002)
^ Approach with caution …
We don’t encourage reliance on the short summary-type books put out by various publishers. These can be useful tools for jogging your Topic outline memory once you have learnt an area of law, but they are likely to be of very little use whatsoever when you are attempting to gain the kind of deep understanding you will need Topic outline to have in order to pass this topic.
^ Contact time Lectures
There will be 3 hours of primary teaching per week commencing on 3 March 2007. Note that there is a two-week break Topic outline during which no classes or tutorials will be held, running from 14 April. Lectures will end on Friday 13 June. Lecture times will be Monday 11.00-12.50 and Friday 11.00-11.50, and the venue is North Lecture Theatre 4.

A Topic outline certain amount of preparation will be set for each lecture. This is set out in the Lecture Outline and Study Guide and in the table at the end of Topic outline this handout. It is extremely important that each student should have read and at least partially understood the assigned material before coming to the lectures. Failure to complete the readings will have a Topic outline serious adverse impact on your ability to benefit from the lectures. It will reduce your educational experience in the topic and is likely to result in a lower grade.

For these reasons Topic outline, advance reading prior to lectures has always been an important practice for students who wish to become independent learners; see also the discussion below under the heading ‘^ How to Approach the Topic: Becoming Topic outline an Independent Learner’. When students are also working in groups for assessment, the importance of preparation in advance of lectures is all the greater. The workshops are designed for groups Topic outline that come to the task with a roughly even basis of background knowledge and understanding. Therefore, if you fail to prepare for a lecture your whole group will be affected. These matters are discussed Topic outline further below.

The Lecture Outline and Study Guide includes some recommended additional reading for each module within the topic. This is precisely what it sounds like: recommended. You should not Topic outline have to complete it to pass. But the University’s definitions of the achievements represented in different grades do require that students achieving a Credit or above should have done additional reading Topic outline beyond the minimum (see http://www.flinders.edu.au/ppmanual/student/assessment2.html, Clause 6.1). These recommendations are intended to make it easier for you to figure out what reading will help. But Topic outline simply reading the equivalent section of any alternative case book or text book should also help.
Workshops
There will be six cycles of two-hour workshops. Each cycle lasts for a fortnight, and you will Topic outline attend either in the odd weeks or in the even weeks, unless you are enrolled in one of the Monday groups. Workshops for Monday groups cannot be held in Week Topic outline 2, 4 or 13 because of public holidays. Therefore the odd weeks group will meet in Weeks 1, 5, 7, 9 and 11. The even weeks group will meet in Weeks 3, 6, 8, 10 and 12. Both Monday groups will give their presentations during the Stuvac Topic outline. Therefore it is imperative, if you are in a Monday group, to ensure that you are available during that week. If you anticipate any difficulty in being available during that week, please Topic outline contact the workshop co-ordinator, Elizabeth Handsley, as soon as possible.

There is also a special programme for the ^ Thursday groups. Please consult the Workshop Materials for details.

Each workshop Topic outline will afford an opportunity to engage in a deeper consideration of the topic by working through one or more practical problems, and the final cycle of workshops will provide the occasion for Topic outline an assessment task, namely your group presentation. Further details on this task appear below, under the heading The group presentation (see below). It is important for the effectiveness of the workshops not Topic outline only that students should be prepared and willing to contribute, but that numbers be kept within a strict maximum of 30. Requests to add your name to a workshop group list after it has been Topic outline filled to 30 will not be given favourable consideration.

In your first workshop you will be randomly allocated to a small group of 5-6 people, with whom you will work closely for the Topic outline rest of the semester and with whom you will give an assessed presentation in the last cycle. Some time will be devoted to group-building activities and decision-making about how members would Topic outline like their group to work. Our experience with this kind of arrangement is that almost without exception, students form firm strong allegiances with others in their groups.

The format for workshops Topic outline is that you will be provided in advance with a number of problems (normally past exam questions). Each group member should have read the problems and given some thought to Topic outline which of them he or she would like to work on, and why. The group will then decide which problem to tackle. The facilitator will move from group to group over the two hours, helping Topic outline with particular questions or issues, but each group will have primary responsibility for analysing and answering the problem. For this reason it is extremely important that all students complete Topic outline the set reading and attend the lectures (in that order) prior to their workshops (see above).

By signing up for a particular workshop time you are making a commitment to be available at Topic outline that time, in the designated weeks. Because of the group-work фокус of the workshops, and their importance in preparing for an assessment task, it is not appropriate to allow students who miss their Topic outline usual workshop to attend another. Even attendance at the same time in the following week would not be appropriate. Therefore you need to make attendance at your Constitutional Law workshops a high Topic outline priority this semester. Once again, failure to attend is a way of letting the other members of your group down as well as yourself, so it is worth giving some serious Topic outline thought to ways you can maximise the likelihood you will attend all 6 of your workshops.

We encourage you to arrange with the other members of your group to meet in the Topic outline off-weeks as a study group. There are numerous ways in which study groups can be used to your benefit, but one that you might consider is to work through further Topic outline problems you didn’t have time for in your workshop. Learning in study-group mode requires a greater degree of maturity, confidence and co-operation than more traditional settings. Because we believe that Topic outline study groups maximise the return on one of your most important resources – namely fellow students – we are more than happy to be used as a resource to support them. The most appropriate way of Topic outline doing this is to approach us in consultation hours to answer any questions you have remaining once you have met.
^ Workload in this topic
According to University and School policy, you Topic outline should spend an average of 12 hours per week working effectively on the topic in order to obtain an average grade of low Credit (see fuller details in the Law Handbook Topic outline). This guideline is based on an 18-week semester, or one which includes the April non-contact period, the study vacation and the two weeks of the examination period. Unfortunately, these expectations are not Topic outline affected by the number of public holidays we have this semester! We have to find other ways of meeting the expected learning outcomes even though we miss so many lectures, and all Topic outline students need to bear this in mind when planning how they will spend their long weekends.

It might seem that Constitutional Law [Group Work] places comparatively heavy expectations on you concerning Topic outline preparation and attendance at lectures and workshops. As explained elsewhere in this document, some heightened expectations are necessitated by the group-work фокус of the topic. However, we believe that this topic Topic outline does not impose any greater overall burden on you than any other 6-point topic, if you bear in mind what is not expected of you. You are not required to do any research Topic outline beyond the set readings for the lectures. Your only written assignment for the semester is a page of reflection and description, not analysis or argument. The group presentation will involve new challenges for Topic outline you, but you will have done the bulk of the preparation for it during class time. It should require only minimal time outside of class. Certainly the way this topic is designed Topic outline removes some of the flexibility to which you might be accustomed in other settings, but we hope you will agree that the innovations which this topic contains more than compensate Topic outline with the enhanced learning experience they are able to provide.
^ How to Approach the Topic: Becoming an Independent Learner
In Constitutional Law we encourage you to take responsibility for your own learning so that Topic outline your efforts here will form the basis for life-long learning in the future. The amount of independence and initiative you display in this topic will make your learning experience not Topic outline only more effective, but also more rewarding as the process becomes interactive and interesting rather than one-sided and non-participatory.

This year Constitutional Law imposes an even greater requirement on students to Topic outline become independent learners, because of the extraordinary number of public holidays falling during formal teaching periods. Because our lectures are on Mondays and Fridays, we stand to lose 7 hours of face-to Topic outline-face teaching, mostly during the busier early part of the semester. Various strategies are being used to supplement the loss (see below), but all require you as students to take on some Topic outline responsibility and some initiative.

When formal lecturing is taking place, you are expected to read case extracts and/or materials before attending. (Details of reading assignments appear in the table on the Topic outline last page of this Outline, and at the top of each entry in the Lecture Outline and Study Guide.)

We realise that constitutional law cases are not always the easiest reading. However, coming Topic outline to an understanding of a legal text without having it pre-digested by someone more ‘learned’ is a basic skill for lawyers, and now is the time to start to Topic outline develop it, if you have not done so already. Therefore lecture time will not be used to provide you with details on the facts and holdings of the cases that have been assigned. Rather Topic outline, the lectures will then assist you to explore ideas and concepts raised by the materials and, where time permits, by working through the problems in the Lecture Outline and Study Guide.

All Topic outline that being said, we do realise that the development of these skills is a process, and we have adopted a couple of strategies to support you. First, we have provided Topic outline in the Lecture Outline and Study Guide an introduction to each lecture, to give you an idea of which concepts or issues you should be looking out for when you read the material Topic outline. The problems taken from past exams that are reproduced in the Workshop Materials should also give you an idea of the kinds of issues that define each area we study. We suggest Topic outline it could be very helpful to your reading if you read one or more problems beforehand, so that your awareness of the issues can provide a фокус for your reading.

A Topic outline second strategy we have adopted for making it easier for you to complete the reading has been to assign only a limited amount of reading each week. The case book facilitates this as Topic outline the cases have been heavily edited. Less heavily edited, however, are the case extracts in the Supplementary Materials. We understand that in the weeks where those readings are assigned your Topic outline burden may be heavier, but there are also some lectures for which no reading at all is set. At these times it is recommended that you read ahead and give yourself some Topic outline breathing space.

We hope that all of this demonstrates to you how serious we are about the importance of completing your reading prior to the lectures. If you have never tried it before, this is Topic outline a topic where you have maximum support to so, and we expect you may be pleasantly surprised at the outcome.
^ Why group work?
Since 2002, Flinders students in Constitutional Law have Topic outline been introduced to group work as a distinct contribution, in a core subject, to the set of skills that contributes to the practical component of the LLB course. In the title of the topic Topic outline – Constitutional Law [Group Work] – the square brackets highlight the inclusion of a skill that we believe will enhance your readiness for the workplace. The development of the Group Work component was Topic outline funded by a special grant by the University, and the people involved have published two academic articles about it:

Elizabeth Handsley, Mark Israel and Gary Davis, ‘Law School Lemonade, or can external Topic outline pressures be turned into educational advantages?’ (2005) 14 ^ Griffith Law Review 108

Mark Israel, Elizabeth Handsley and Gary Davis, ‘It’s the Vibe: Fostering Student Collaborative Learning in Constitutional Law in Australia’ (2004) 38 The Law Teacher Topic outline: International Journal of Legal Education 1

In 2007, three members of the School of Law staff who have been involved in the Group Work component (Elizabeth Handsley, Chris Reynolds and Rebecca LaForgia) were Topic outline awarded a prestigious Carrick Institute Citation for Outstanding Contributions to Student Learning. The Citation reads: For innovation and effectiveness in creating a framework to develop student independence through training in the Topic outline generic and professional skill of group work.

You have already experienced group work in the LLB course. But this experience will be different because it asks you to think about how you will operate Topic outline in groups, and how you will maximise the benefits you gain from it. We will ask you to reflect on the process rather than just seeing it as another way of Topic outline assessing a subject. We will introduce you to the idea of working in a group and then in a number of ways, such as the report and the presentation (which strongly emphasises Topic outline process issues) we reinforce the concept. While there are some understandable concerns that you may have with group work, such as relying on others, negotiating workloads equitably and making the presentation (a Topic outline collective process), the results from previous years have been very successful. Almost all of the presentations in previous years have achieved the expected learning outcomes and some have been absolutely outstanding in Topic outline the way they have demonstrated genuine teamwork. Perhaps most importantly, it has almost without exception been clear that the students have enjoyed themselves.

^ Why have this component in Constitutional Law? – Group work Topic outline is an important skill not just for the workplace, but for the remainder of your degree. Most students do Constitutional Law in their second year, and introducing the skill at an Topic outline early stage in the LLB enables teachers of upper-year topics and electives to be confident that they can allow or require students to work in groups.
Assessment
There will be four forms of assessment Topic outline in this course: an interim report on the group process in your workshops, a mark for your group work through the semester, a mark for the group presentation and Topic outline a final examination during the examination period at the end of the semester. The weightings for the various components are as follows:

Report

10% (individual mark)

Group work

10% (common mark)

Group presentation

30% (common mark)

Examination

50% (individual mark Topic outline)

You may pass the course without necessarily passing each assessment component, but you must achieve a minimum mark of 40% for the group work and group presentation and 40% for the exam. If you do not Topic outline achieve 40% in the group work you will have to repeat the topic. If you do not achieve 40% in the exam you may be eligible for supplementary work on academic grounds.

We also Topic outline draw your attention to the principles relating to^ Academic Dishonesty as set out in the Law Handbook. These principles and procedures apply to the exam in the normal way, but might Topic outline require special attention in relation to the report because of the special place of collaboration with other students in other types of work you will be doing in this topic. That is, it Topic outline might take a special effort to ensure that the report is all your own work. In relation to the narrative part of the report, as in any other topic, you Topic outline cannot collaborate in the preparation of drafts or final copy. Please see further discussion below on academic dishonesty in the context of a report on group process, and consult Elizabeth Handsley if Topic outline you are uncertain about the relevance of the principles to your particular case.
^ 1 The report
The report will require students to reflect on and describe their experience of the group process in their first Topic outline three workshops, including the relative contribution other members of their group are making to the process. As well as being a means of assessing your achievement of topic objectives, the report will Topic outline make us aware of any problems that people are encountering in their groups, and give us a chance to help with those problems. More detailed instructions for the report are in the Group Topic outline Report Instructions which will be circulated in due course. These cover such matters as word length and format, criteria to be used in the marking of the report and suggestions Topic outline as to presentation and approach. There is also a matrix in which you are required to rate the relative contribution of the other group members. The ratings you receive from others will Topic outline not affect any of your assessment in the topic; rather they are intended as a way for us to be мейд aware of any problems so that we can help you Topic outline deal with them. The instructions below will be posted on FLO.

As noted above, you will have to pay special attention to academic dishonesty principles in the preparation of the report. Normally we encourage discussion Topic outline amongst students, but even this is of doubtful value where you are required to reflect on your own experiences and report your own impressions. In relation to the matrix Topic outline, it would actually be a form of dishonesty even to discuss with other group members how to rate each other’s contributions or those of others in your group.

Word Limit: the word limit Topic outline for the report is 300 words. Marks will be deducted for over length work.

Backups: please remember to keep a photocopy or electronic copy of your report and remember to back up Topic outline your work after every session.

Cover Sheets: the Law School requirement is that all assignments must bear a standard cover sheet that can be obtained from the Student Services Area or the Student Information Topic outline page of the School of Law website. Assignments must not be submitted inside folders, envelopes or plastic coverings. Sheets should be firmly fastened together, preferably by staple.

Deadline for Topic outline submission and late penalties: The deadline for the report will be 4.00 pm on Tuesday 8 April. Late penalties will apply unless an extension is granted. Extensions beyond 15 April will not be granted unless there are compelling Topic outline medical or other circumstances to justify it.

Marking criteria: will require you to have considered group issues and your role as a member of the group - eg the role that people have Topic outline taken in the group, how you managed conflict and maintained the collective endeavour. How well has your group supported its members and strengthened interpersonal skills? How well have you as Topic outline a member of the group identified a role within the group and responded to the tasks given to you to complete? More detailed criteria and a template for the report will be distributed Topic outline and posted on FLO.
^ 2 The group’s performance in workshops This is a common mark based on how well the group performed during the semester. Groups will be assessed on Topic outline the extent to they model good group practices during the workshops, including the way they deal with any member’s lack of preparation or engagement and the effectiveness with which they deal with the task Topic outline set for that session. Other issues such as the effectiveness of the group’s work out of workshop sessions may also be used to determine the mark and in Topic outline this respect, while we do not require you to use the FLO discussion tool, your effective use of it may provide useful evidence for your facilitator. Another relevant consideration is how well Topic outline the group stayed on task during the semester. Each group is expected to produce a written outcome on a problem from each of the workshops. Failure to do so will have an impact on Topic outline the grade for this assessment component. ^ 3 The group presentation
The group presentation component requires you to choose one of your answers from the workshops and, as a group, to present it Topic outline to your workshop and facilitator. The presentation should be about 15 minutes. The marking criteria will place a heavy emphasis on the group process that is evident through your presentation. A less important criterion will Topic outline be the substance or content of what you present: this needs to be included to maintain an incentive to ‘get the law right’, but we have decided that the best and fairest Topic outline way to assess a group project is by reference to process, rather than outcome.
^ 4 The examination
The examination will be open-book, in that that you will be able to take Topic outline into the examination room any material (except books that have been borrowed from the University library). It will be of 2 hours’ duration (plus 30 minutes reading time) and will comprise three questions Topic outline, two problems and one essay. There will be a choice in both categories. The exam will cover the whole semester’s work. More information about the exam will be provided closer Topic outline to the time.

Marking criteria for the examination will be based on the Topic Objectives (above).

Some safeguards & assurances

Many students have serious reservations about group work. It is not difficult to see why this Topic outline should be so. Naturally people bring different levels of ability, energy and commitment to the group so it seems unfair that everybody should get the same mark. However, this subject emphasises Topic outline a group process and we believe that part of your success in undertaking it is to ensure as far as possible that individual contributions don't become (or remain) too uneven. However, the interim Topic outline report on group process will give you (and us) an opportunity to identify and deal with any significant inequalities in terms of people’s relative contributions a number of Topic outline weeks before the presentation.

In extreme cases we may conclude that different marks are justified within a group. For example, we may think it is fair to award a higher mark where Topic outline we feel that a person tried to motivate the rest of their group but was ultimately unsuccessful, for reasons beyond his or her control. Alternatively, we may give a lower mark if a Topic outline person unreasonably resists a full engagement in the group for example by not doing a fair share of the work. The processes for arriving at the latter conclusion are explained in the Workshop Topic outline Materials.

The main thing is that group members should show a willingness to deal with issues and problems that arise. The group that gets the best mark will not be the one Topic outline that believes it had no problems. Rather it will be the one that had recognised a problem, even a serious problem, and мейд a solid effort to address it.

Finally, we hope Topic outline to maximise the use of a previously underutilised resource, namely students themselves. Some of the most enjoyable and enriching learning experiences come not in lectures but in interactions with other students. We hope Topic outline that this experience will help you to realise just how much you can learn from other students, how much you can teach them, and how much the act of teaching others Topic outline can help you to learn.
Conclusion
We look forward to working with you over the course of the semester. Please do not hesitate to come and see one of us Topic outline if you are experiencing any difficulties with the topic. We are always happy to have feedback, especially if it provides an opportunity to attend to a problem before it is too late Topic outline.


Elizabeth Handsley, XXX and XXX

February 2008

^ CONSTITUTIONAL LAW CONTENT 2008

Week (comm)

Lectures

Reading

Workshop

1 (3/3)

Mon: Welcome to the topic; Introduction to group work; Express rights in the Constitution

Fri: Express rights continued

Hanks 928-54; Supp 2-11

Introduction to group work Topic outline skills and public law refresher

2 (10/3)

^ Mon: Public holiday [notes on constitutional history supplied]

Fri: Express rights continued

Hanks 962-79

3 (17/3)

Mon: Race power

Fri: ^ Public Holiday [quiz on constitutional history available]

Hanks 106-119

Express rights

4 (24/3)

^ Mon: Public Holiday

Fri: Race power continued

None

5 (31/3)

Mon: Characterisation Topic outline of Commonwealth laws; External affairs

Fri: External affairs continued

Hanks 36-47, 678-680; 834-35; Supp 12-21; Hanks 142-58

Race power

6 (7/4)

External affairs continued

Hanks 159-90

^ Non-contact period

7 (28/4)

Mon: Inconsistency of Commonwealth and State Laws

Fri: Intergovernmental immunities

Hanks 510-12; 517-18; 523-52; 560-61, 569-78 (para [8.2.35]), 584-592

External affairs

8 (5/5)

Intergovernmental immunities Topic outline cont

Hanks 592-626

9 (12/5)

Mon: Fiscal federalism & appropriations power

Fri: Pointers on presentations

Hanks 665-671, 743-754, 764-777

Intergovernmental immunities

10 (19/5)

Mon: Freedom of interstate trade

Fri: Non-discrimination against interstate residents

Hanks 878-879, 909-922; 979-88

11 (26/5)

Implied freedoms

Hanks 988-993, 1011-33; Supp 22-59

Presentations

12 (2/6)

Implied freedoms cont.

Fri: Changing the Constitution

Hanks 1033-47; Supp 60-75

13 (9/6)

^ Mon: Public holiday Topic outline [practice exam at home]

Fri: Revision weeks 1-8

None

None*

Hanks = Hanks et al, Australian Constitutional Law: Materials and Commentary (7th ed, 2004)

Supp = ^ Constitutional Law Supplementary Materials (available from Bookshop)

* Monday and Thursday groups need Topic outline to be available during Week 13 and/or the stuvac for presentations because of public holidays. Please consult the Workshop Materials. Others may need to be available in the event of Topic outline facilitator illness etc. Therefore all students should ensure that they keep themselves available during this week.
^ THE CONSTITUTIONAL LAW [GROUP WORK] WEEK 2008



Sem2

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY




9.00




WORKSHOP WITH EH Rm 2.48




WORKSHOP WITH TC Rm 2.48

No Topic outline workshops Week 7 or 8; alternative arrangements to be advised.




9.00

10.00

^ EH CONSULTATION ROOM 2.24







10.00

11.00

^ LECTURE N4

No lectures Week 2, 4 or 13







TC CONSULTATION Rm 2.50 – will check emails at this time

^ LECTURE N4

No lecture Week 3

11.00

12.00










EH Topic outline CONSULTATION Rm 2.24

Until 12.30

12.00

1.00

WORKSHOP WITH EH Rm 2.48

Odd weeks group meets Weeks 1, 5, 7, 9 and 11

Even weeks group meets Weeks 3, 6, 8, 10 and 12

Plus both during STUVAC













1.00

2.00













2.00

3.00
















3.00

4.00







WORKSHOP WITH JM Rm 2.48







4.00

5.00













5.00







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