Unit rationale, description and aim
This unit builds on the earlier units in the Bachelor of Human Rights, such as international human rights law, philosophical foundations of rights and socio-political approaches to justice, to examine how Australian Constitutional Law interacts with and diverges from broader human rights frameworks. Particular attention will be given to the implications of the Australian Constitution for the rights of Aboriginal and Torres Strait Islander peoples and social justice in Australia, incorporating First Peoples' perspectives.
The Australian Constitution does not contain a Bill of Rights like the U.S. Constitution, and there is no international institution with legal authority to compel compliance with international human rights, as there is in Europe. Indeed, the Australian Constitution has often been interpreted in ways that are inconsistent with international human rights. Nevertheless, the Australian Constitution does contain a few rights and has, occasionally, been interpreted in ways that are consistent with human rights. It also expresses other principles, such as the rule of law and the separation of powers, that may be used to pursue the protection of human rights. This unit will develop students' knowledge and insight into these constitutional principles and the nature of constitutional interpretation. Students will engage critically with constitutional doctrines, implied rights, and recent High Court jurisprudence to understand both the potential and the limitations of Australia’s legal system in safeguarding human dignity and freedoms.
The skills and knowledge gained in this unit would be useful for a human rights practitioner working in any Australian jurisdiction, particularly within the public service, but increasingly within the corporate world where human rights compliance is taken increasingly seriously.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Describe the constitutional framework and the evol...
Learning Outcome 01
Apply constitutional human rights principles to ch...
Learning Outcome 02
Reflect critically on Australian constitutional hu...
Learning Outcome 03
Content
Topics will include:
- The historical context of rights in the Australian Constitution
- The right to vote
- Rights associated with Australian birth and citizenship
- The acquisition of property on just terms
- Trial by jury
- Freedom of religion
- Freedom of political communication
- Rights arising from the separation of judicial power
- Human rights advocacy in Australian constitutional litigation
- Reform of the Constitution for the advancement of human rights
Assessment strategy and rationale
This unit will be assessed by three assessments used deliberately as an integral part of the learning process to guide and scaffold learning, to demonstrate authentic achievement of the learning outcomes and to enhance graduate capabilities. These assessments include a group presentation, to be completed in class or by video (30%); active communication and engagement in class discussion (20%); and an invigilated exam (50%). The use of AI in these assessments is restricted, subject to academic integrity principles and the current legal professional prohibitions on the use of AI in advocacy. Students must achieve a total of 50% across these three assessments to pass the unit.
Overview of assessments
Group Class/Video Presentation This assessment ...
Group Class/Video Presentation
This assessment is designed to develop students’ knowledge of the constitutional framework and human rights, their ability to apply constitutional human rights to challenging situations and their ability to reflect critically on Australian constitutional human rights. It is also designed to enhance graduate capabilities of disciplinary knowledge, collaborative skills, oral communication, and digital literacy. Students may choose to present in class or to produce a video presentation that will be made available to the class. Students will be individually assessed on their knowledge, research, critical engagement and presentation skills
20%
Seminar Communication and Engagement This assess...
Seminar Communication and Engagement
This assessment is designed to develop students’ knowledge of human rights and the Australian Constitution and enhance their graduate capabilities. Students will be assessed according to a rubric on their knowledge, their oral communication skills, their collaborative skills, and their professionalism.
30%
Exam A Final Examination to be administered cent...
Exam
A Final Examination to be administered centrally by examinations during the exam period. The final examination will be open book.
50%
Learning and teaching strategy and rationale
This unit comprises 150 hours of study in total. It will be taught over a 12-week semester, with one 2-hour lecture followed by a 1-hour tutorial each week. Other study components might include on-line webinars, podcasts, readings, discussion forums etc. The balance of the hours is comprised of private study. The strategy is to encourage students to actively engage with unit content and their peers; to provide a clear link between lecture content and tutorial practicum to develop an authentic, case- based understanding of human rights law and policy its practical application. The learning and teaching strategy extends from within this unit, to integrate with other units in the course. Within an integrated learning framework, lectures will provide core content relating to the topics identified above and begin a process of active, engaged, exploration, which will be deepened by detailed explanation and further investigation in tutorials. Students are then encouraged to test that evolving understanding by applying it to factual situations, to produce solutions supported by legal authorities and arguments; and to reflect on their learning. Each component is intended to build on knowledge, understanding and skills to progressively scaffold student learning. The online learning platform used in this unit provides multiple preparatory and practice opportunities to guide in-class and out-of-class study. Online learning assistance in the form of learning resources, notices, assessment information (including online submission, marking and return of results/feedback), is student focused, affording greater accessibility and flexibility to the learning experience.