LAWS75-216 Constitutional Law Research Assignment:Case Study

Assignment Overview

Assessed Subject Learning Outcomes:

1. Demonstrate advanced and integrated understanding of a number of constitutional law topics, Including: (a) Constitutional interpretation, judicial reasoning, and the characterisation process; (b) Principles governing the separation of judicial, executive and legislative powers; (c) Principles of constitutional change and reform; (d) The constitutional protection, or otherwise, of individual rights and freedoms; and (e) Comparative constitutionalism and/or contemporary issues in constitutional law.
2. Demonstrate competency in exercising the following skill at an intermediate level, with creativity, initiative and autonomy: (a) legal research and reasoning
3. Adhere to the highest standards of professionalism, including a commitment to: (a) Learning and working autonomously, accountably and reflectively; (b) Behaving ethically and responsibly; and

(c) Managing time effectively and meeting deadlines.

Task description

You are required to write a case study of the case Commonwealth v Yunupingu (2025) 99 ALJR 519.

The case study should be written in essay format. While you can make use of headings and subheadings, please avoid dot points or numbered points.

For the purposes of the case study, you need to:

• Set out succinctly and clearly the facts and legal issues of the
• Explain and analyse the High Court reasoning in the

• Explain the significance of the case for the development of constitutional
• Explain the significance of the case for First Nations people in
• Provide your own perspective on whether the High Court judges should consider the history of colonisation and race relations in Australia when deciding constitutional law cases.

Constitutional law cases are complex and long and you may find it difficult to work out what the judges are saying. Over the years the High Court judges have developed more accessible and structured judgment writing styles but the reasoning in these cases can still be very difficult to understand, particularly when you are encountering it for the first time. Keep in mind that you are writing a 2000 word essay and that explaining the reasoning is only one part of what you have to do. You need to be able to work out what is important and significant about the judgments and look for the paragraphs in which this is covered. Then you should summarise this reasoning and think about whether the reasoning is appropriate. Do you prefer the reasoning in one of the judgments? If so, you need to explain why.

You will be assessed on your ability to explain clearly and succinctly the legal issues and key aspects of the reasoning in the judgments, your capacity to analyse the reasoning in the judgments, your demonstrated understanding of the significance of the decision for the development of constitutional law, your ability to explain the significance of this case for First Nations people in Australia, and your ability to express an informed opinion, supported by sound arguments, on whether High Court judges should consider the history of colonisation and race relations in Australia in deciding constitutional law cases. You should demonstrate a good understanding of the history of colonisation and race relations in Australia in this part of your essay. You will also be assessed on your precision and correctness of expression and referencing and on your capacity to provide a coherent and well-structured argument .

You must supply references and a bibliography in accordance with the Australian Guide to Legal Citation (4 ^th ed).

Academic Integrity

Academic Integrity means adhering, in words and actions and across all aspects of student life, to an academic moral code bound by Bond’s seven integrity principles of honesty, trust, fairness, respect, responsibility, courage, and professionalism. Breaches of academic integrity are known as either poor scholarship or academic misconduct.

The University supports Academic Integrity by providing students with resources and support. Visit Academic Integrity at Bond or seek support from your educators, BondCare support services including the Academic Skills Centre, or Library services.

Assessment Requirements – Summary

This assessment requires students to write a 2000-word case study essay on Commonwealth v Yunupingu (2025) 99 ALJR 519, demonstrating advanced understanding of key constitutional law topics. The assessment focuses on both legal knowledge and analytical skills, with emphasis on reasoning, significance, and perspective.

Key pointers to be covered in the assessment include:

1. Facts and Legal Issues: Clearly outline the background of the case and the constitutional law issues involved.

2. High Court Reasoning: Explain and analyse the reasoning of the High Court, identifying key arguments and judicial approaches.

3. Significance for Constitutional Law: Discuss how the case contributes to constitutional development, including principles of interpretation, separation of powers, and protection of rights.

4. Impact on First Nations People: Analyse the significance of the decision for First Nations people in Australia.

5. Critical Perspective: Provide a reasoned opinion on whether High Court judges should consider historical colonisation and race relations when deciding constitutional cases.

6. Academic Standards: Demonstrate clear, structured, and precise expression; provide references and bibliography using the Australian Guide to Legal Citation (4th ed.); maintain academic integrity.

Academic Mentor’s Step-by-Step Guidance

Step 1: Understanding the Assignment

The mentor began by helping the student interpret the task, emphasizing essay structure over dot points and the importance of clarity and coherence. The student was advised to break the essay into logical sections: Introduction, Case Facts, Legal Issues, High Court Reasoning, Significance for Law, Significance for First Nations People, Critical Perspective, and Conclusion.

Step 2: Research and Contextual Understanding

The student was guided to conduct comprehensive legal research:

• Review the full High Court judgment to identify reasoning and key paragraphs.

• Consult peer-reviewed legal commentary, textbooks, and authoritative sources on constitutional law and First Nations history.

• Organize notes according to assessment criteria.

Step 3: Analysing the High Court Reasoning

The mentor explained techniques for understanding complex judgments:

• Summarising key points in the reasoning without copying verbatim.

• Comparing differing judicial opinions to identify preferred reasoning.

• Highlighting areas where reasoning connects to constitutional principles or historical context.

Step 4: Significance Assessment

The student was guided to:

• Discuss the broader implications for constitutional law development, including interpretation, judicial reasoning, and separation of powers.

• Analyse the impact on First Nations people, drawing on historical and contemporary legal context.

Step 5: Formulating Critical Perspective

The mentor encouraged the student to develop an informed opinion, supported by evidence and legal reasoning, on whether the High Court should consider historical colonisation and race relations. This included:

• Reflecting on precedent and scholarly debates.

• Linking the argument to principles of justice and legal reasoning.

Step 6: Writing and Structuring the Essay

The mentor guided the student to:

• Use clear headings/subheadings while maintaining essay flow.

• Ensure academic expression, correct grammar, and precision in language.

• Integrate references using AGLC 4th edition, ensuring citations were consistent and correct.

Step 7: Review and Refinement

• Peer-review and mentor feedback were used to refine argumentation and clarity.

• Check compliance with word count, referencing, and integrity standards.

• Ensure the essay demonstrates both analytical depth and critical thinking.

Outcome and Learning Objectives Achieved

Outcome:

• The student produced a cohesive, 2000-word essay that effectively summarised facts, analysed judicial reasoning, evaluated the case’s significance for constitutional law and First Nations people, and presented a well-supported personal perspective.

• The essay met academic integrity and referencing standards, with coherent argumentation and clarity.

Learning Objectives Covered:

1. Demonstrated advanced understanding of constitutional law topics, including interpretation, separation of powers, and rights protection.

2. Developed legal research and reasoning skills at an intermediate level with autonomy and critical analysis.

3. Applied ethical and professional standards in structuring and presenting a legal essay.

4. Gained awareness of the historical and social context of First Nations people in constitutional law.

5. Strengthened academic writing, referencing, and analytical abilities in a legal context.

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