LAW3016: Griffith University Constitutional Assessment

Context

One of the main tasks of constitutional interpretation is determining whether a law falls within a head of power granted to the Commonwealth. This process is known as characterisation.

The general principles which are to be applied to determine whether a law is with respect to a head of legislative power such as s 51(xviii) are well settled. They include the following:

1. The constitutional text is to be construed “with all the generality which the words used admit.” For example, the words “patents of inventions” were a recognised category of legislation by 1900 (as with taxation, bankruptcy). When evaluating such legislation, the focus should be on whether it “answers the description,” disregarding purpose or object.
2. The character of the law must be determined with reference to the rights, powers, liabilities, duties, and privileges it creates.
3. The practical and legal operation of the law must be examined to determine if there is a sufficient connection between the law and the head of power.

Your Task

You are required to:

• Discuss how the High Court conducted characterisation in three cases.

• Select at least one case from corporations power and one case from external affairs power.

• Analyse the court’s approach in each case by:

  1. Explaining how the court interpreted the constitutional text.

  2. Determining the nature of the law enacted by the Commonwealth Parliament.

  3. Assessing the sufficiency of connection between the law and the head of power.

• Cite at least five secondary sources, such as books and journal articles.

Writing Instructions

a. Topics

• Introduction

• Characterisation of Commonwealth Laws 

• Corporations power

• External affairs power

Grain Pool of Western Australia v Commonwealth

Style and Marks Count

• Research essay style: include introduction, analysis, conclusion.

• Use appropriate titles and headings.

• Counts 30% of the final mark.

Word Limit and Other Instructions

• Word limit: 1500 words (no 10% leeway).

• Word count includes headings, excludes footnotes (except when substantive).

• Footnotes must follow AGLC4 referencing style.

• Include a bibliography (not counted in word limit).

• Adhere to university policies on academic integrity.

Key Completion 

1. Carefully read the question and identify all relevant issues.

2. Review marking criteria and standards.

3. Use logical structure with subheadings for clarity.

4. Explain relevant legal principles.

5. Cite only authoritative legal sources and appropriate secondary sources using AGLC4.

6. Present ideas and arguments methodically, step by step.

7. Draw upon decided cases to strengthen reasoning where relevant.

8. Avoid irrelevant material.

9. Proofread for spelling, grammar, and clarity.

10. Ensure total word count does not exceed 1500 words.

11. Avoid plagiarism, collusion, and cheating.

12. Do not use Artificial Intelligence in writing this essay.

Key Assessment Pointers:

• Task Objective: Examine how the High Court conducts characterisation in constitutional law cases.

• Cases Required: Analyze three High Court cases, including:

  • At least one case involving corporations power

  • At least one case involving external affairs power

• Analytical Focus: For each case, address:

  1. How the court interpreted the constitutional text.

  2. How the law enacted by the Commonwealth Parliament was characterised.

  3. Whether there is a sufficient connection between the law and the head of power.

• Sources: Minimum of five secondary sources (books, journal articles).

• Style & Referencing: Research essay format, structured with headings/subheadings, AGLC4 referencing, footnotes only for citations or substantive content.

• Academic Integrity: No plagiarism, collusion, cheating, or AI-assisted writing allowed.

Academic Mentor Guidance

Step 1: Understanding the Task

The mentor begins by ensuring the student fully understands the concept of characterisation how a law is analysed to determine if it fits within a constitutional head of power. Key concepts include:

• Interpreting constitutional text with generality.

• Examining the legal and practical effect of the law.

• Linking law to the relevant head of power (e.g., s 51(xviii), corporations power, external affairs power).

Step 2: Selecting Appropriate Cases

• Corporations power case: e.g., New South Wales v Commonwealth (WorkChoices)

• External affairs power case: e.g., Commonwealth v Tasmania (Tasmanian Dam Case)

• Third case: Can be selected based on relevance, possibly involving taxation or patents.

The mentor guides the student to choose cases with clear High Court reasoning and sufficient commentary in secondary sources.

Step 3: Research & Source Gathering

• Mentor instructs the student to collect:

  • Primary sources: High Court judgments of selected cases.

  • Secondary sources: Scholarly books, journal articles, and commentaries interpreting the cases.

• Emphasis on noting citations for AGLC4 style.

Step 4: Structuring the Essay

• Introduction 

  • Introduce characterisation and the purpose of the essay.

  • Outline selected cases and reasoning approach.

• Case Analysis

  1. Explain constitutional interpretation by the court.

  2. Detail nature of the law enacted.

  3. Assess sufficiency of connection to the head of power.

  4. Include insights from secondary sources.

• Conclusion (approx. 150 words):

  • Summarize findings and implications for constitutional law understanding.

Step 5: Writing & Reviewing

• Mentor advises writing methodically and step by step, avoiding skipping reasoning steps.

• Ensure logical flow using headings and subheadings.

• Proofread for grammar, clarity, and adherence to word limit.

Referencing & Final Checks

• All cases and sources cited in AGLC4 format.

• Footnotes for substantive commentary where necessary.

• Bibliography included (not counted in word limit).

• Confirm no AI tools were used.

• Double-check word count and compliance with academic integrity rules.

Outcome Achieved

Following the step-by-step guidance:

• The student produced a well-structured research essay analysing three High Court cases.

• Each case included:

  • Court’s interpretation of constitutional text.

  • Characterisation of law enacted.

  • Assessment of the sufficiency of connection to the relevant power.

• Learning outcomes covered:

  1. Understanding High Court reasoning in characterisation.

  2. Applying legal principles to evaluate sufficiency of constitutional connection.

  3. Synthesising primary and secondary sources in a methodical legal argument.

  4. Developing research, analysis, and academic writing skills in Australian constitutional law.

Get the Most Out of Your Assignment Study Materials

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