ASSESSMENT OUTLINE 2016 ATAR POLITICS AND LAW YEAR 12 Unit 3 Political and Legal Power & Unit 4 Accountability and Rights Assessment Type Task Description EGC Weighting Due Date SCaSA Weighting Essay 15% Short Answer 15% Investigation Task 2: In class essay Federalism Task 9: In class essay Accountability of the Courts Task 10: In class essay Protection of human rights in Australia Task 4: Topic test Functions of Parliament & lawmaking Task 3: Topic test Balance of power and Constitutional change- role of the High Court Task 7: Topic test Accountability of the Commonwealth Parliament Task 5: Research and Validation essay Role of the Governor General 5% Term 1 Week 5 Term 3 Week 4 Term 3 Week 8 Term 2 Week 4 Term 1 Week 8 5% Term 2 Week 9 5% Term 2 Week 2 5% Term 3 Week 9 10% Term 1 Week 2 5% 5% 5% 5% 10% Source Analysis Task 11: Oral presentation and validation essay Changing political and legal rights of women/Indigenous Australians Task 1: Source analysis Separation of power 20% Exam 40% Task 8: Source analysis Accountability of the Executive and the public service Task 6: Semester one exam End of Semester one exam Task 12: Semester two exam End of Semester two exam 15% Term 3 Week 2 Term 2 Week 6 25% Term 3 Week 10 10% It is expected that all assessments will be completed to the best of your ability and be submitted by the deadlines set. Please make yourself aware of the Assessment Policy as failure to meet deadlines has severe consequences. Student Signature: _________________ Parent/Guardian Signature: _________________ COURSE OUTLINE 2016 ATAR POLITICS AND LAW YEAR 12 Week Topics/Syllabus Assessment Resources Source Analysis: Separation of Power Power & Governance – Willmott p 13 - 91 Term 1 1 -2 3-4 5-6 7-8 9-10 Political and Legal systems – Separation of Power: The Commonwealth Constitution: legislative, executive and judicial powers; Responsible government and executive government in Australia; The USA (non-Westminster system) Constitution; Representative Government in Australia and the USA; Similarities (legislative and judicial powers) and differences (especially executive powers and checks and balances) between the two systems. Political and Legal systems – Federalism in Australia: Constitutional power of the State and Commonwealth parliament including division of power (exclusive, concurrent and residual power) sections 51 (ii), 52, 90, 107, 109; financial powers of the Commonwealth parliament including taxation power, tied of special purpose grants including sections 51 (ii), 87, 90, 92, 96; change in the balance of power since federation – financial powers including vertical fiscal imbalance, horizontal fiscal equalization, the grants commissions, referral of powers 51 (xxxvii), COAG, cooperative federalism and coercive federalism, High Court and constitutional interpretation – section 51 (xxix) external affairs power; 51 (xx) corporations taxation power; consequences for federalism in Australia Political and Legal systems & Political and Legal issues: High Court The Roles and powers of the High Court of Australia including sections 71, 72, 73, 75 and 76; common law decisions defence of qualified privilege (Harbour Radio Pty Ltd V Trad (2012) NSW Registrar of Births, Deaths and Marriages Vs Norrie (2014); Constitutional decisions – Jt International SA Vs Commonwealth of Australia; British American Tobacco Australasia Limited & Ors Vs Commonwealth of Australia (2012) Plain Packaging Act 2011 and section 51 (xx); NSW & Ors Vs Commonwealth (2006) HCA Work Choices legislation 2006 and section 51 (xx); Research contemporary issue relating to legal power. Political and Legal Systems – constitutional change Formal and informal methods of constitutional change and their impact; referendums including section 128 especially 1928, 1946, 1967, 1977, 1984, 1999; High Court decisions; referral or powers 51 (xxxvii); unchallenged legislation; analysis of one reform proposal to change the constitution – move to become a republic and reference to indigenous Australians in the Commonwealth Constitution. Political and legal systems: Functions of Parliament Functions of the Commonwealth Parliament in theory and practice and the decline of parliament thesis; legislative process in the HOR and Senate (including section 51); Executive control; party discipline; micro/minor parties and independents; the Senate and political power (contemporary issue of political power – mandates) Government, Politics, Power and Policy in Australia – Woodward (hand out) In-class essay: Federalism Power & Governance – Willmott p 13 - 91 Topic Test: Balance of power and constitutional change Power & Governance – Willmott p 92 - 161 Week Topics/Syllabus Assessment Resources Term 2 1-4 5-6 Political and Legal systems & Political and Legal issues: The Executive Roles and powers of the Governor General including sections 61, 62, 63, 64, 68, 28, 57, 72 and the 1975 crisis; reform of the Constitution – Australia to become a republic; roles of the Prime Minister, Cabinet and Ministry, roles and powers of the opposition and shadow ministry, political mandates in theory and practice including competing mandates Political and Legal systems: Lawmaking Lawmaking process in Parliament and the courts, with reference to the influence of individuals, political parties and pressure groups. Investigation Due Power & Governance – Willmott p 138 168 Topic Test: Functions of Parliament and lawmaking Semester one exam Exam revision guide – Academic task force p 1-30 END OF SEMESTER 1 7-8 9-10 Week Political and Legal Systems: Accountability of the Commonwealth Parliament Elections for the HOR and the Senate; Elections; democratic expectations of the relationship between Parliament and the electorate; impact of the voting systems used since Federation on democratic outcomes; models of representation in Federal Parliament; role of Privileges Committees; accountability mechanisms within processes and procedures of Parliament; judicial review Political and Legal Systems: Accountability of the Executive and Public Service Individual and Collective ministerial responsibility in theory and practice; Recent changes in the public service and impact on accountability; Senate Estimates and the Senate legal and Constitutional Affairs Committee; role of Auditor General and the Administrative Appeals Tribunal (AAT); Judicial review; review of the practices of Governance in Australia; New model public service focusing on issues of accountability (including use of ombudsman, CCC and tribunals) role and effectiveness of CCC in WA. Topics/Syllabus Power & Governance – Willmott p 272-289 Topic Test: Accountability of Parliament Power & Governance pp. 336-362 Assessment Resources Term 3 1-2 3-4 5-8 Political and Legal Systems: Accountability of the Governor General Appointment process; removal process; 1975 crisis; the ‘Hollingworth’ affair’. Political and Legal Systems: Accountability of the courts (including judges) The appeals process; parliamentary scrutiny and legislation; transparent processes and public confidence; censure and removal of judges (section 72) Political and Legal Issues: Human Rights Ways Human Rights are protected in Australia; Constitution, common law rights (right of access to the courts, legal professional privilege, freedom of speech and the press); statutory rights (Commonwealth and State discrimination laws racial vilification laws); Charter of Rights – Charter of Human Source Analysis: Accountability of the Executive Essay: Accountability the Courts Essay: Human Rights of Power & Governance pp. 370-388 Power & Governance pp. 400 - 419 9-10 Week Rights and Responsibilities Act (2006) Victoria and the Human Rights Act 2004 (ACT); Human Rights protection in USA; status of international covenants and protocols and treaties in protecting Human Rights in Australia; the ICCPR (1984); civil, political, economic and social and cultural rights in Australia Political and Legal systems and issues: Ways in which Australia and USA can both uphold and/or undermine democratic principles with reference to; political representation, popular participation, rule of law, judicial independence, natural justice; changing experience of women/indigenous Australians. with respect to their political and legal rights in Australia Topics/Syllabus Investigation due Exam revision guide – Academic task force p 34-75 Assessment Resources Semester two exam Exam revision guide – Academic task force Term 4 1 2 Exam revision: Students completing exam, receiving back result and carrying out reflection – what areas need to be improved upon before the WACE exam Exam revision: Students use past papers to prepare for the WACE exam END OF SEMESTER 2