LLB203 Constitutional Law Policy Submission Task_2020_updated

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Apr 3, 2024

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LLB203 C ONSTITUTIONAL L AW P OLICY S UBMISSION A SSESSMENT T ASK S HEET 2020 Task Policy Submission Course and Unit Learning Outcomes Addressed The design of this assessment is aligned with the following unit learning outcomes corresponding with the relevant course learning outcomes (CLO): 1. Identify, evaluate and apply the principles of constitutional law in its contemporary cultural, social and political environments, including consideration of the relationship between Aboriginal and Torres Strait Islander peoples and the Australian Constitution (CLOs 1.1, 1.2, 2.3) 2. Analyse cases and apply knowledge of relevant principles of constitutional interpretation to formulate considered legal opinions (CLOs 1.1, 2.1, 2.2) 3. Use appropriate legal research databases to identify, locate and evaluate relevant primary and secondary sources (CLO 3.1) 4. Write clearly and concisely to communicate legal concepts and advice to clients in appropriate written formats and demonstrate understanding of effective intercultural communication (CLO 4.1). Specifications 2,500 words (excluding footnotes) Due by 11.59pm on Tuesday, 28 April 2020 40% of final grade C ONTEXT Currently, the Australian Constitution does not contain a statement of recognition of Aboriginal and Torres Strait Islander peoples. This constitutional silence has led to calls for constitutional reform to recognise Aboriginal and Torres Strait Islander peoples as First Nations peoples in the Australian Constitution. Even though there is broad bipartisan support for constitutional recognition of Aboriginal and Torres Strait Islander peoples, there remains an ongoing debate about what form this constitutional recognition should take. In particular, there is disagreement about the continuing role of the race power in s 51(xxvi) of the Australian Constitution. T ASK A new Joint Select Committee on the Race Power has been established by the Australian Parliament to inquire into and report on the race power in s 51(xxvi) of the Australian Constitution. Your task is to prepare a policy submission for this inquiry on behalf of an 1

Indigenous community legal organisation. In your submission, you must critically evaluate the race power in s 51(xxvi) of the Australian Constitution. To help structure your policy submission, you should address the following questions: 1. What is the constitutional history of the race power in s 51(xxvi)? 2. How has the race power in s 51(xxvi) been interpreted by the High Court of Australia? 3. Should the race power in s 51(xxvi) be retained in its current form, amended or repealed? Provide reasons for whichever option you choose. You should allocate the majority of your word count to addressing Question 3. Please concentrate your policy submission on the race power in s 51(xxvi). For the avoidance of doubt, please do not address the arguments for and against the insertion of a new s 51A or s 116A in the Australian Constitution that were proposed by the Expert Panel on the Constitutional Recognition of Indigenous Australians in 2012. In your policy submission, you must refer to relevant case law and secondary sources to substantiate your arguments. G ENERAL I NSTRUCTIONS 1. Description The Australian Parliament delegates some of its inquiry functions to parliamentary committees. There are different types of parliamentary committees. A Joint Select Committee is a temporary committee that is established to inquire into a particular issue and it is comprised of members drawn from both the House of Representatives and the Senate. As part of its inquiry, the Committee seeks written submissions from individuals and organisations who may have an interest in the topic of the inquiry. In your policy submission to the Joint Select Committee on the Race Power, you will critically evaluate the race power in s 51(xxvi) of the Australian Constitution. The word limit for the policy submission is 2,500 words (excluding footnotes). This is a contested area of constitutional law and, as such, there is no ‘right’ or ‘wrong’ answer. You are, however, writing this submission on behalf of an Indigenous community legal organisation. You will be assessed on your ability to develop and sustain a logical and convincing argument throughout your submission. You will need to provide analysis and evidence to support that position, organised into sub-arguments, and which is supported by appropriate primary and secondary sources. You will also be assessed on your skills in critical analysis. This means that in addition to advancing your argument, you should consider counter arguments that might be raised and address them. As this assessment item is a research project, the learning resources that you have been provided with will not constitute all of the material needed to complete the task. While those learning materials will provide a helpful starting point for your research, you will be required to undertake research beyond those materials. You should use sources such as cases, academic journal articles, books, government reports and credible institutional reports. 2

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