School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Constitutional Law II
  • Unit Code

    LAW2314
  • Year

    2025
  • Enrolment Period

    1
  • Version

    4
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Toby NISBET

Description

This unit examines various provisions of the Australian Constitution. It focuses on: federalism, considering the financial, trading and legal relationships between States and Commonwealth; freedoms and other limitations on legislative power; and race and racism issues at a constitutional level. Students will be encouraged to consider the health of our federation; and to consider the role of rights and freedoms in limiting the power of a parliamentary majority elected by the people.

Prerequisite Rule

Students must pass 1 units from LAW2104

Learning Outcomes

On completion of this unit students should be able to:

  1. Explain the role of rights and freedoms in limiting legislative power.
  2. Develop reasoned solutions to practical and theoretical constitutional problems by applying relevant laws and principles.
  3. Evaluate the relationship between racism and the constitution.
  4. Work effectively in a team and reflect on individual and team performance.

Unit Content

  1. Characterisation.
  2. Employment - conciliation and arbitration.
  3. Finance and trade arrangements and distribution of powers - Taxation including excise; Trade and Commerce; Freedom of interstate trade.
  4. Legal relations - corporations power and external affairs power.
  5. Race power and racial discrimination, aliens and immigration.
  6. Constitutional limits on legislative power.
  7. Teamwork skills.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU's LMS

JoondalupMount LawleySouth West (Bunbury)
Semester 213 x 2 hour lectureNot OfferedNot Offered
Semester 213 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences via ECU’s LMS as well as additional ECU learning technologies

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. <br><br>On-campus students attend a weekly 2 hour seminar and 1 hour tutorial. Off-campus students access the unit via LMS. Regular online access is required. The tutorial program is a student-led problem solving exercise. Students will be taught characterisation as a critical analytical method of constitutional law problem solving and will practise characterisation each week. All students gain participation marks via discussion boards on LMS. Students will be placed in small groups for a teamwork exercise, the outcome of which is a presentation to the class for on-campus students, or a recorded presentation to be placed on LMS for off-campus students. Students will be given some guidance on how to approach the exercise as a team; and will be required to reflect on their teamwork experiences. Students will be held accountable for their contributions in a team environment.<br> There will be an exercise to enable us to understand the impacts of racism in Australia, before going to study the Racial Discrimination Act and its quasi-Constitutional status in Australia.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant School Progression Panel.

ON CAMPUS
TypeDescriptionValue
PresentationGroup Presentation30%
Reflective PracticeReflection on Team and Individual Performance 20%
ExaminationFinal Examination50%
ONLINE
TypeDescriptionValue
PresentationGroup Presentation 30%
Reflective PracticeReflection on Team and Individual Performance 20%
ExaminationFinal Examination50%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Assessment

Students please note: The marks and grades received by students on assessments may be subject to further moderation. Informal vivas may be conducted as part of an assessment task, where staff require further information to confirm the learning outcomes have been met. All marks and grades are to be considered provisional until endorsed by the relevant School Progression Panel.

Academic Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work as well as any generative artificial intelligence tools that may have been used. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people or generative artificial intelligence tools, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

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