This course builds on the foundational subjects Australian Public Law and Commonwealth Constitutional Law. The course examines constitutional law in greater depth, with a particular focus on how Australia and other democracies use both written and unwritten constitutional law to regulate the democratic process, including elections, referendums, parliaments, and political parties.
A central theme of the course is the use of law to improve the practice of democratic politics. Students will explore efforts to make politics less partisan, fairer and more equal, more rational, and more democratic, as well as the extent to which such legal interventions have succeeded or created new challenges. Comparative analysis will enable students to evaluate whether alternative constitutional systems for regulating democracy have been effective overseas and whether they could be adapted to the Australian context.
To develop their knowledge and skills, students will engage in a range of learning activities. The seminar format will be a mixture of discussion and lecture-style presentation. Discussions will centre, in part, around informal student ‘Responses’ to readings. Seminars will be punctuated by hands-on 'demonstrations' giving concrete illustrations of the themes we will discuss. Typically, at least one demonstration is included in each class. For instance, students will experiment with ‘gerrymandering’ to manipulate a hypothetical electoral system. The course also features visiting speakers, including leading lawyers and senior government officials, who provide insight into real-world applications of the material.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Critically analyse and evaluate how constitutional law shapes democracy and democratic institutions in Australia, and compare and contrast these frameworks with systems in other countries.
- Examine problems raised by the use of constitutional law to regulate democratic institutions, including partisan battles over the interpretation of legal rules, and the often-elusive search for neutral decision-makers and propose alternative solutions.
- Evaluate how national or state political culture and unwritten constitutional norms play a role in shaping democracy and democratic institutions, and in turn how constitutional laws and institutions help shape political culture and norms.
- Investigate and synthesise advanced knowledge of the constitutional laws impacting on elections, voting, political finance, parliament, and political parties, and critique those laws in terms of democratic strengths and deficits.
- Critically analyse and evaluate which aspects of constitutional law are most relevant to issues of political partisanship and political system fairness.
- Plan and execute research in an area of constitutional law relevant to the themes covered in the course and communicate ideas and findings in written and oral formats.
Indicative Assessment
- The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course Canvas page. (100) [LO 1,2,3,4,5,6]
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
- Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 36 hours of face to face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
- Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when finalised.
Preliminary Reading
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.
Assumed Knowledge
There is no assumed knowledge beyond general (ie, not academic) knowledge of the outlines of the legal and political systems of Australia.
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2026 | $5520 |
- International fee paying students
| Year | Fee |
|---|---|
| 2026 | $6660 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
First Semester
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 3809 | 23 Feb 2026 | 02 Mar 2026 | 31 Mar 2026 | 29 May 2026 | In Person | View |