Outline

Overview

This unit explores the foundational role of ‘the people’ in constitutional theory and practice, particularly in moments of political rupture. Centred on the concept of constituent power, it examines how constitutional orders claim legitimacy through appeals to popular sovereignty, and how these claims are constructed, contested, and transformed across history. Beginning with the French and American revolutions, this unit traces how key theorists framed this idea (Sieyes, Carl Schmitt, Hannah Arendt). The unit then explores contemporary constitutional debates that either reject constituent power for its populist risks or seek to constrain its absolute nature. It also discusses institutional expressions of constituent power through mechanisms such as referendums and constituent assemblies. The final part of the unit examines the idea of the people in the critical and postcolonial legal traditions. The unit will situate these theorists within their historical contexts to examine their relevance in contemporary social movements and political struggles in the Global South and extend to questions of indigenous sovereignty in Australia. By the end of the unit of study, students will gain knowledge on theories of law and democracy, and critical tools to assess the potential and limits of law in advancing democratic goals.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS5233
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Ayesha Wijayalath, ayesha.wijayalath@sydney.edu.au

Assessment

The census date for this unit availability is 31 March 2026

Details
Criteria

Type	Description	Weight	Due	Length	Use of AI
Contribution	Research Proposal (0%) one-on-one discussion of the research proposal with each student	0%	Multiple weeks	250 words / 10-15 minutes	AI allowed
Outcomes assessed:
Presentation	Panel Presentation (10%) Each student will have 3 minutes to present their perspective, followed by a 5-minute class discussion.	10%	Ongoing	17-20 minutes	AI allowed
Outcomes assessed:
Contribution	Early feedback task (0%) Contribution	0%	Week 03 Due date: 13 Mar 2026 at 23:59	200 words	AI allowed
Outcomes assessed:
Written work	Short Critical Reflection (20%) 1,000-word personal reflection on a core jurisprudential concept drawn from any of the readings assigned in the first four weeks.	20%	Week 06 Due date: 03 Apr 2026 at 23:59 Closing date: 10 Apr 2026	1000 words / 2 weeks	AI allowed
Outcomes assessed:
Written work	Research Essay (70%) critically engages with Indigenous legal thought, critical legal theory, and perspectives from the Global South.	70%	Week 13 Due date: 25 May 2026 at 23:59 Closing date: 01 Jun 2026	4000 words / 5 weeks	AI allowed
Outcomes assessed:
= early feedback task ?

Assessment summary

Contribution - Early Feedback Task (0%): Students must submit questions or comments on two required readings via Canvas by 23:59 (Sydney, Australia time) on 13 March 2026. Each contribution must be no more than 100 words.

Panel Presentation (10%): Students will be organised into panels of four to discuss the key theme of the day's reading. Each student will have 3 minutes to present their perspective, followed by a 5-minute class discussion. This exercise will support students in preparing for their upcoming critical reflection assessment.

Short Critical Reflection (20%): Students will write a 1,000 word personal reflection on a core jurisprudential concept drawn from any of the readings assigned in the first four weeks. The personal reflection must be submitted by Friday 3 April 2026, 23:59 (Sydney, Australia time).

Research Proposal (0%): Students will write a research proposal of 250 words and then undertake a non-assessed, one-on-one discussion of the research proposal with the unit coordinator outside of class time. Students can bring their proposal to the discussion or email it to the coordinator once completed and it will be used to guide the 10-15 minute discussion.

Research Essay (70%): Students will complete a 4,000 word research essay that critically engages with indigenous legal thought, critical legal theory, and perspectives from the Global South. The essay topic will be released on Friday 17 April 2026 at 10:00 (Sydney, Australia time) and the essay must be submitted by Monday, 25 May 2026 at 23.59 (Sydney, Australia time).

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will include all footnotes and exclude any bibliography (if required), and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted).

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. As the EFT is an early diagnostic tool, this task is not included in the final grade for the unit.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	• Completely answers the question. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research (where independent research required). • Exceptionally well written, structured and expressed. • Is otherwise exceptional in some way.
Distinction	75 - 84	• Completely answers the question. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research and analysis to support a well-documented argument. • Generally well expressed and free from errors. • Has a clear structure and is well articulated.
Credit	65 - 74	• Covers main issues fairly well in answering the question. • Contains no significant errors • Demonstrates an attempted critical approach to the issues. • Demonstrates reasonably sound research and analysis in addressing the key issues. • Has a clear structure and reasonably clear expression.
Pass	50 - 64	• Identifies the key issues, but does not follow through with a reasoned argument. • Contains some significant errors. • Displays satisfactory engagement with the key issues. • Offers descriptive summary of material relevant to the question. • Superficial use of material, and may display a tendency to paraphrase. • Demonstrates little evidence of in-depth research or analysis. • Adequate expression. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	• Does not answer the question. • Contains significant or numerous errors. • Few or no identifiable arguments. • Content that is inappropriate or irrelevant. • Lack of research or analysis. • Difficult or impossible to understand through poor grammar, expression or structure. • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. Penalties for late submission will be applied strictly, subject to a 5 minute grace period.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	The World We Live in and the Role of “the People”	Seminar (4 hr)
Week 02	Origins of Constituent Power	Seminar (4 hr)
Week 03	The Paradox of Constituent Power	Seminar (4 hr)
Week 04	Resisting legal closure: Constituent Power as Relational and Openness	Seminar (4 hr)
Week 05	Institutional Expressions of Constituent Power	Seminar (4 hr)
Week 07	Crisis and Constituent Power	Seminar (4 hr)
Week 08	Populism and Constituent Power	Seminar (4 hr)
Week 10	Constituent Power and International Law	Seminar (4 hr)
Week 11	Rejecting Constituent Power: Toward Destituent Thought	Seminar (4 hr)
Week 12	Postcolonial Sovereignty and ‘Australia to Come’	Seminar (4 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Required readings will be available on Canvas.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. Examine key legal and philosophical debates on constitutional foundations to uncover the core principles and the inherent tensions.
LO2. Critically evaluate legal and philosophical arguments relating to constitutional foundations.
LO3. Conduct independent research on concepts of sovereignty and constituent power in philosophical and legal texts
LO4. Communicate complex legal and philosophical arguments—both orally and in writing—on the role of the people at constitutional founding.
LO5. Critically engage with Indigenous legal traditions, critical legal theory, and Global South perspectives to assess their contributions to constitutional discourse.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

First offering of the unit

Disclaimer

Important: the University of Sydney regularly reviews units of study and reserves the right to change the units of study available annually. To stay up to date on available study options, including unit of study details and availability, refer to the relevant handbook.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

LAWS3533: The People in Constitutional Thought

Semester 1, 2026 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links