Outline

Overview

The main objective of the course is to impart an understanding of the fundamentals of federal constitutional law through the study of key judicial decisions on powers and prohibitions in the Commonwealth Constitution. In a one session course it is neither feasible nor desirable to study all aspects of federal constitutional law. The course is designed to provide a general conceptual framework for solving problems about federal constitutional law by a detailed treatment of selected topics. The course also aims to: - Provide analysis of the function of the High Court as the final arbiter of constitutionality. - Develop an understanding of the techniques of judicial review as applied in Australia. - Encourage discussion on the adequacy of the Constitution as Australia's basic instrument of government and on the scope for 'reform' by interpretation. The topics covered in detail include: The basic principles of constitutional interpretation (in relation to which the trade and commerce power will be used to illustrate); inconsistency between Commonwealth and State laws; Commonwealth legislative power including, in addition to trade and commerce as above, external affairs, corporations, defence, tax and revenue powers, grants, excise; and prohibitions on Commonwealth legislative power such as freedom of interstate trade, the implied freedom of political communications and the principles of intergovernmental immunity.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS1021
Corequisites ?	None
Prohibitions ?	LAWS5011
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Peter Gerangelos, peter.gerangelos@sydney.edu.au

Type	Description	Weight	Due	Length
Final exam (Take-home short release)	Take-home exam 3 hours (plus 30 minutes reading time) take-home examination	70%	Formal exam period	3 hours
Outcomes assessed:
Assignment	Mid-Semester Assignment Assignment. Legal problem.	30%	Week 06 Due date: 09 Apr 2020 at 15:00 Closing date: 30 Apr 2021	5 or 6 A4 pages to be advised
Outcomes assessed:
= hurdle task ? = Type D final exam ?

Assessment summary

A. Mid-Semester Problem Assignment:

This assignment is compulsory: Students who do not attempt and submit this assignment will not be eligible to pass this Unit of Study and will have recorded against them an overall Fail grade for the Unit. Accordingly, they will not be permitted to sit the final examination. To avoid this outcome, even if not complete, students should submit the latest version they have managed to complete – so long as it can be regarded as a “satisfactory” attempt (even though it receives a fail grade). This they must do by the due date (or date of any extension) to avoid penalties, but may still submit (with penalties) up to the “return date” (see below), in order to avoid an overall fail grade and being excluded from sitting the final examination. The “return date” is not negotiable.
Special Consideration: Given the time students have to complete the assignment, this will usually be no more than a few days extension, and no more than a week should normally be allowed. In very exceptional circumstances only where a longer extension may be justified, the absolute final date for any extension is the “return date”, ie three weeks exactly after the original due date. This is essential (and not negotiable) to enable marked assignments to be returned to students and to enable the feedback process to begin and feedback classes to be held. Students must therefore submit whatever latest version of the assignment they have managed to complete by the relevant due date, or the “return date”, to avoid being excluded from attempting the final examination, this assignment being compulsory. (If a student granted special consideration fails to attempt and submit this assignment by the “return date” at the latest, in very exceptional circumstances only where a student has been so incapacitated or affected by illness or misadventure, that student may be granted an alternate assessment if possible and practicable in the circumstances. If so, it will be a viva (that is, oral) examination on the topics being assessed in the assignment. The only other special consideration available will be a discontinuation from this unit of study.)
Duration: The assignment will be made available early in Week 4 to be advised. Students will have about two and a half weeks to complete it even though it is designed to enable students to complete it in no more than a day. Approximately two and a half weeks is provided to enable students to plan around their personal circumstances and thus to minimize the need for any extensions etc. Students should be preparing for this assignment from the start of semester by their private study.
Length: Students must clearly state their Student ID on each page of the assignment, in header if preferred. Instead of a word limit, there is a page limit to the mid-term assignment which is 6 pages (using A4 paper). There will be strict formatting requirements provided with the assignment problem which may be summarised as follows: submission by document in MS word .doc or docx, A4 size; typing 1.5 line spaced minimum, using Times New Roman minimum font 11pts; 2.5cm margins on left and right and top and bottom; and each page numbered consecutively. Footnoting format is square brackets within the text following the point of reference, eg, [Zines, p xx] or [Case at xx] (Further detail with respect to footnotes and formatting will be provided with the assignment). NB: Any pages of a submitted assignment beyond the 6 page limit will not be read by the examiners and their assessment will be based on the first 6 pages submitted. Assignments which otherwise do not conform to these requirements will not be marked and students will be required to re-submit the assignment (the examiner will keep a copy of the original version) in conformity with the requirements. These may be subject to the same penalty for lateness (see below) in the absence of an adequate explanation as to why the formatting requirements were not met.

B.Final (Take Home) Examination:

This examination is compulsory.

To achieve a Pass grade and above overall for this Unit of Study, it is necessary for a student to achieve a Pass grade as a minimum for the final examination. Failure to do so will result in a Fail grade overall irrespective of the mark achieved in the mid-term assignment. In other words, a student cannot pass this Unit of Study without achieving at least a Pass grade in the final take-home examination as well as having attempted and submitted the mid-semester assignment as above.

Duration: 3 hours (plus 30 minutes reading time) short release take-home exam.

NB: Students who did not attempt and submit a mid-semester assignment (assessment A above) will not be eligible to attempt the final examination.

Special Consideration: While students may apply for special consideration in appropriate circumstances, it is noted that there will be one (and one only) reassessment examination available as it is not practicable to set yet a further (third) examination. That reassessment examination will be held during the scheduled time for such examinations and at no other time. If a student is unable to attempt the reassessment examination, the only available special consideration available will be a discontinution from this Unit of Study.

More 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:

A. Mid-Semester Assignment: The late submission of the mid-semester assessment will attract a penalty of 1 mark per calendar day or part thereof. For example, if a student is awarded a mark of 22 out of 30 for the Assignment, but was 3 days late in submission, the student will be penalized 3 marks and the mark for the assignment will be reduced to 19. If special consideration is granted for the mid-semester assessment, the same penalty per day will apply for any late assignment from the date of any extension granted. The absolute final date for any extension is the day three weeks exactly after the original due date, "the return date". This is essential (and not negotiable) to enable marked assignments to be returned to students and to enable the feedback process to begin and feedback classes to be held. If students with special consideration do not submit by this absolute last due date, they will be regarded as not having submitted the assignment with the consequences indicated above in the explanation. B. Final Examination: As this is a formal take home examination with a strict time limit as indicated above, no examination can be accepted that is submitted late.

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
Week 01	Introduction, distribution of powers in a federation, detailed examination of principles of constitutional interpretation such as “interpretation” / “characterisation”; incidental power, non-purposive / purposive powers; reading down/severance and the distinction between powers and prohibitions. Particular reliance will be placed on the trade and commerce power to assist understanding.	Lecture (2 hr)
Week 01	Principles of constitutional interpretation etc cont'd.	Lecture (2 hr)
Week 02	Principles of constitutional interpretation etc cont'd.	Lecture (2 hr)
Week 02	Principles of constitutional interpretation etc cont'd.	Lecture (2 hr)
Week 03	Inconsistency	Lecture (2 hr)
Week 03	Inconsistency	Lecture (2 hr)
Week 04	External Affairs	Lecture (2 hr)
Week 04	External Affairs, Revision	Lecture (2 hr)
Week 07	Corporations	Lecture (2 hr)
Week 07	Corporations	Lecture (2 hr)
Week 08	Corporations; Freedom of Interstate Trade.	Lecture (2 hr)
Week 08	Freedom of Interstate Trade	Lecture (2 hr)
Week 09	Freedom of Interstate Trade; Taxation/Grants (+ Excise)	Lecture (2 hr)
Week 09	Taxation/Grants (+ Excise)	Lecture (2 hr)
Week 10	Taxation and Grants (+ Excise)	Lecture (2 hr)
Week 10	The Defence Power and the Doctrine in the Communist Party case	Lecture (2 hr)
Week 11	The Defence Power and the Doctrine in the Communist Party case	Lecture (2 hr)
Week 11	Implied Freedom of Political Communication	Lecture (2 hr)
Week 12	Implied Freedom of Political Communication; Intergovernmental Immunities	Lecture (2 hr)
Week 12	Intergovernmental Immunities, Revision	Lecture (2 hr)

Attendance and class requirements

Attendance:

NB for 2021 only - Attendance requirements will NOT be enforced in 2021 due to COVID. All classes will be pre-recorded.

In normal circumstances (but not in 2021): In addition to attempting the mid-semester assignment and examination, all students are required personally to attend 70% of classes to satisfy the pass requirements for this unit of study. Failure to meet this requirement may result in a student being excluded from sitting the final examination, and being discontinued from the unit of study, resulting in an Absent Fail or Discontinue - Fail grade. Exemptions may only be considered upon satisfactory evidence of compelling grounds i.e. sudden illness or serious misadventure which occur during class time. Attendance records will be kept and will be examined before a student is permitted to sit the final examination. It is the absolute responsibility of the student to keep a check on their attendance and to ensure that the minimum 70% attendance is maintained.

This is a full time compulsory course leading to professional accreditation. Students are expected to attend every lecture subject to exceptional circumstances. Students are expected to plan well ahead with any other commitments, especially any work commitments, in order to be able to attend lectures and to complete assignments on time, and to attend the formal examination at the set time. No allowances will be made for student attendance, for extensions to assignments, and other such allowances, excepting strictly for cases of illness or misadventure. Work or social commitments, and such like, cannot and will not be taken into account in this regard.

Word count penalty: Any pages of a submitted assignment beyond the 6 page limit will not be read by the examiners and their assessment will be based on the first 6 pages submitted. Assignments which otherwise do not conform to these requirements will not be marked and students will be required to re-submit the assignment (the examiner will keep a copy of the original version) in conformity with the requirements. These may be subject to the same penalty for lateness (see below) in the absence of an adequate explanation as to why the formatting requirements were not met.

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 the Library eReserve, available on Canvas.

Prescribed Text:

Gerangelos, Aroney et al, Winterton’s Australian Federal Constitutional Law: Commentary and Materials (Sydney: Thomson Reuters (Law Book Co), 4th ed, 2017), hereinafter the “Casebook”.

Reference Works:

J Stellios, Zines’s The High Court and the Constitution (6th ed, 2015). This is the standard scholarly text and it is highly recommended that students spend time with this book, at least with respect to the topics covered by this course. It is the outstanding text in the field and informs the content of the lectures.

The most recent reference work, and very helpful to students, is Hanks, Gordon and Hill, Constitutional Law in Australia (4th ed 2017, Sydney: LexisNexis).

Aroney et al, The Constitution of the Commonwealth of Australia - History, Principle and Interpretation (Cambridge UP, 2015),

Booker, Glass and Watt, Federal Constitutional Law: An Introduction (2d ed,1998): highly recommended, although it is slightly dated. It greatly assists in understanding fundamental principles and the “grammar” of constitutional law.

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 a detailed knowledge and understanding of both the substantive content and the “grammar” of federal constitutional law through a detailed examination of select topics, using the “casebook method”, which enable students competently to recognize and resolve all possible issues which might arise in constitutional law, including issues which might arise in topics which are not necessarily studied.
LO2. demonstrate a detailed knowledge and understanding of interpretational methodology in constitutional law.
LO3. demonstrate a minimum basic knowledge to be able to practice in the field of constitutional law by being able to recognize and apply constitutional law principles, and resolve complex legal issues arising in this area.
LO4. demonstrate enhanced and rigorous legal analytical skills, albeit through the context of constitutional law.
LO5. demonstrate good quality legal writing skills through the articulation of the resolution of legal problems.

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.

Changes have been made to clarify the nature of the assessment, issues relating to special considerations issues, and absolutely final due dates.

Additional information

Students are required to have completed Public Law prior to enrolment in LAWS2011.

Resources - Sydney Law Students

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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS2011: Federal Constitutional Law

Semester 1, 2021 [Normal day] - Remote

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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect