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LAW3461 Constitutional Law B

Semester 2, 2011 On-campus Springfield
Units : 1
Faculty or Section : Faculty of Business and Law
School or Department : School of Law

Contents on this page


Examiner: Anthony Gray
Moderator: Tony Meacham


Pre-requisite: LAW3201

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at <//>.


This course considers the Commonwealth's ability to pass laws in the area of race, immigration and aliens, as well as its financial powers. The trade and commerce power and corporations power are also considered. The course introduces human rights law in the context of Australian constitutional law.


On successful completion of this course students should be able to:

  1. understand different heads of power the Commonwealth has available to it in relation to international matters
  2. understand heads of power the Commonwealth has available to it in relation to financial affairs
  3. understand the Commonwealth?s powers with respect to corporations
  4. understand the Commonwealth?s powers over trade and commerce
  5. explain how the Australian Constitution provides for the protection of rights.


Description Weighting(%)
1. The international dimension ? Commonwealth?s powers over race, immigration and aliens 20.00
2. Trade and commerce 20.00
3. Financial powers 25.00
4. Corporations power 15.00
5. Human rights and the Australian Constitution 20.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (

Please contact us for alternative purchase options from USQ Bookshop. (

  • Clarke, J, Keyzer, P & Stellios, J 2009, Hanks' Australian constitutional law: materials and commentary, 8th edn, LexisNexis Butterworths, Chatswood, New South Wales.
  • LAW3461 course content CD available for purchase from the USQ Bookshop. Note that course content is also available on-line via the USQ Study Desk.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
  • Gray, A 2009, Human rights in Australia: looking forward, looking back, VDM Publishing, Germany.
  • Zines, L 2008, The High Court and the Constitution, 5th edn, The Federation Press, Annandale, New South Wales.

Student workload requirements

Activity Hours
Assessments 22.00
Directed Study 52.00
Lectures and Tutorials 39.00
Private Study 52.00

Assessment details

Description Marks out of Wtg (%) Due Date Objectives assessed Graduate skill Level assessed Notes
ASSIGNMENT/MOOT 30 30 30 Sep 2011 All U2,U3,U4,U5,U6,U8 2,2,2,2,2,2
SEMINAR PERFORMANCE 20 20 28 Oct 2011 All U1,U2,U3,U4,U5,U6,U7,U8,U9,U10 2,2,3,2,2,2,1,2,2,2 (see note 1)
2-HOUR EXAMINATION 50 50 End S2 All U2,U3,U4,U8 2,2,2,2 (see note 2)

  1. The seminar performance will be held throughout the semester.
  2. The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.

Important assessment information

  1. Attendance requirements:
    It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)

  3. Penalties for late submission of required work:
    If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Any Deferred or Supplementary examinations for this course will be held during the next examination period.

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at

Other requirements

  1. Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at <//>.