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Unit of study_

LAWS5007: Public Law

Semester 2, 2020 [Normal day] - Camperdown/Darlington, Sydney

This unit is designed to introduce students to the principles and structures that underpin constitutional and administrative law in Australia. It is broader than either of these subjects because its focus is on generic issues of governance and accountability, focusing on questions of governmental power: what power is exercised by whom, from what source, with what limits and how and by whom is the exercise of those powers to be scrutinised. The unit begins with an introduction to the Constitution, its history, and the structures established by it, together with consideration of how to change both State and Commonwealth Constitutions. The unit then moves to consider the three arms of government and related concepts such as representative and responsible government; the separation of judicial power and institutional integrity of the courts. The course also introduces various mechanisms by which the executive can be made accountable, including by the Parliament, through freedom of information laws, and investigative tribunals.

Unit details and rules

Unit code LAWS5007
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS1004 or LAWS1021 or LAWS2002 or LAWS3003
Prerequisites
? 
LAWS5000 or LAWS1006
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Rayner Thwaites, rayner.thwaites@sydney.edu.au
Lecturer(s) Joel Harrison, joel.harrison@sydney.edu.au
Emily Hammond, emily.hammond@sydney.edu.au
Rowan Alexander Nicholson, rowan.nicholson@sydney.edu.au
Elisa Arcioni, elisa.arcioni@sydney.edu.au
Andrew Edgar, andrew.edgar@sydney.edu.au
Rayner Thwaites, rayner.thwaites@sydney.edu.au
Tutor(s) Peter Chiam, peter.chiam@sydney.edu.au
Type Description Weight Due Length
Final exam (Take-home short release) Type D final exam hurdle task Final exam
Final exam (Take-home short release)
70% Formal exam period 3 hours
Outcomes assessed: LO1 LO2 LO4 LO5
Assignment hurdle task Interim Assessment
Written 2-part assignment: a problem and a short essay
30% Week 06
Due date: 29 Sep 2020 at 10:00
2000 words
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
hurdle task = hurdle task ?
Type D final exam = Type D final exam ?

Assessment summary

  • Interim assessment: The assignment will assess material covered in Topics 1-5 (weeks 1-4). It will comprise a problem and a short essay/short answer.
  • Final exam: Learning outcomes 1, 2, 4 and 5 are assessed: (i) in relation to the material covered in topics 1, 6-10; (ii) through an exam comprising two problems.

A student must make a satisfactory attempt at all assessment tasks set out for this unit 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. Detailed information for each assessment can be found on Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (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 a 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.

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:

Interim Assignment: The late submission of an assignment which has not been granted an extension will attract a penalty of 6 marks (20% of 30 marks) per day or part thereof. Final exam: Online exam deadlines are strictly applied. Late exam submissions will not be marked.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

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.

WK Topic Learning activity Learning outcomes
Multiple weeks Key constitutional concepts - parliamentary sovereignty and the rule of law Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Constitutional history - colonial origins and steps to independence Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Constitutional amendment - Commonwealth and State Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
The people in the Constitution - popular sovereignty; indigenous Australians Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
A representative parliament - Commonwealth voting rights; eligibility of federal MPs Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
A responsible executive - executive branch formation; reserve powers; parliament's powers to compel production of government information Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Executive powers - inherent powers and capacities of the Commonwealth executive Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Oversight and accountability of the executive - parliament, freedom of information, integrity branch agencies Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Constitutional safeguards for Commonwealth judicial power Seminar (8 hr) LO1 LO2 LO3 LO4 LO5 LO6
Revision and assessment preparation Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

  • Word count: The total word count for essay and other written assessments will: exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
  • Referencing guidelines: 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, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/

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

  • All readings for this Unit can be accessed through Canvas.

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.

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

  • LO1. Demonstrate an understanding of the substantive content and operation of public law at the State and federal levels through a detailed examination of selected topics.
  • LO2. Identify and apply fundamental public law principles to factual situations to resolve legal problems.
  • LO3. Demonstrate an appreciation of the historical development of Australia's Constitution and its relevance to current public law issues.
  • LO4. Demonstrate the development of analytical skills, critical judgment and the ability to draw relevant distinctions in applying the law to fact situations.
  • LO5. Demonstrate the development of legal writing skills through the written articulation of how to resolve legal problems.
  • LO6. Demonstrate an appreciation of the legal, social and political context in which the Constitution operates and constitutional reform occurs.

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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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

Student feedback is taken into account each year in revising the course and how it operates.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

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