Outline

Overview

This unit of study is designed to introduce the constitutional framework and principles that underpin government in Australia. The central themes of this unit are the accountability of government to the people under the Australian constitutional system of representative and responsible government; and structural protections from for individual liberty derived from the judiciary chapter of the Australian Constitution (‘Ch III’). The focus is on understanding the types of public power that exist under the Australian Constitution, identifying limits on those powers and the source/s of those limits. We begin with an introduction to the Constitution, its history, and the structures established by it, together with the position of First Nations. We consider rigidity and flexibility in constitutional arrangements through examining the supremacy of legislation; the constitutional role of statutory interpretation; amending the Constitution; and manner and form restrictions on state laws. The unit of study then moves to consider the three arms of government and related concepts. In relation to the legislature, the focus is on understanding the representative character of the Commonwealth parliament and parliamentary oversight of delegated legislation. The discussion of the executive focuses on the principles of responsible government and different forms of non-statutory executive power. We then look at selected mechanisms for holding the executive to account: freedom of information; and integrity bodies. Consideration of the judiciary focuses on the terms of Ch III of the Constitution which separate judicial power and protect the institutional integrity of the courts.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS1006
Corequisites ?	None
Prohibitions ?	LAWS5007
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Peter Chiam, peter.chiam@sydney.edu.au
Lecturer(s)	Peter Chiam, peter.chiam@sydney.edu.au

Type	Description	Weight	Due	Length
Supervised test ?	Interim Test (40%) In-person Interim Test. 1.5 hours (plus 30 mins reading time).	40%	Week 02 Due date: 24 Jan 2023 at 11:00	1.5 hours
Outcomes assessed:
Supervised exam ?	Final Exam (60%) In-person Final Exam. 2 hours (plus 30 mins reading time).	60%	Week 04 Due date: 10 Feb 2023 at 14:00	2 hours
Outcomes assessed:
= hurdle task ?

Assessment summary

Interim test (On-campus supervised) (40%): The test will assess material covered in Topics 1-5. It will comprise short problem questions requiring short answers. The interim test is 1.5 hours long (plus 30 minutes reading time) on 24 January 2023, commencing at 11am (Sydney, Australia time). It is an open book, pen-and-paper test. The outcome of a successful Special Consideration application will be a replacement test, which may be by way of a viva voce examination.

Final exam (On-campus supervised) (60%): The final exam is open book and will assess the material covered in all topics. It will comprise two problem questions. The final exam is 2 hours (plus 30 minutes reading time) on 10 February 2023, commencing at 2pm (Sydney, Australia time). It will be conducted as a pen-and-paper exam. The outcome of a successful Special Consideration application will be a replacement exam, which may be by way of a viva voce examination.

Assessment requirement 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.

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:

Late penalties do not apply to in-person exams and tests.

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.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

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.

Weekly schedule

WK	Topic	Learning activity
Pre-semester	Topic 1: Introduction	Seminar (1 hr)
	Topic 2: Independence and popular sovereignty	Seminar (2 hr)
	Topic 3: First Nations and the Constitution	Seminar (1 hr)
	Topic 4: Flexibility and rigidity in Australian Constitutions	Seminar (4 hr)
	Topic 5: A representative parliament	Seminar (6 hr)
	Topic 6: Legislative power	Seminar (2 hr)
	Topic 7: A responsible executive	Seminar (4 hr)
	Topic 8: Non-statutory executive powers	Seminar (6 hr)
	Topic 9: Oversight of the executive	Seminar (2 hr)
	Topic 10: Ch III safeguards for judicial power	Seminar (11 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Attendance requirements must be satisfied by in-person attendance as per the delivery mode of the unit. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will not be read beyond the word limit. 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: In submitted work, the Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style. A link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

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

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. 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
Learning outcomes

Responding to student feedback

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

Student feedback is taken into account each year in revising the unit of study 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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

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

Media

Student links

About us

Connect

Current students

LAWS1021: Public Law

Intensive February, 2023 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

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

Media

Student links

About us

Connect