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 ?	None
Corequisites ?	None
Prohibitions ?	None
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)	Final Examination 3 hours (plus 30 minutes reading time) take-home examination	60%	Formal exam period	3 hours
Outcomes assessed:
In-semester test (Take-home extended release)	In-semester test 24 hours take-home test.	40%	Week 08 Due date: 13 Apr 2022 at 13:00	24 hours
Outcomes assessed:
= hurdle task ? = Type D final exam ? = Type E in-semester exam ?

Assessment summary

A. MID-SEMESTER TEST – 40%:

This Mid-Term Test is compulsory.

Duration: 24 hours. This is a long release take home Mid-Semester Test. The Test is designed to require no more than 2 ½ hours (not including reading time) to complete. 24 hours is provided to make allowance for students stuck overseas in different time-zones, and to provide some flexibility to all students. It will be released at 13:00 on Wednesday, 13 April 2022 and is due at 13:00 on Thursday 14 April 2022. It is set during a Reading Week to facilitate student preparation. It is made due on a Thursday, which is otherwise a day on which lectures for this Unit of Study are timetabled.

Special Consideration and Reassessment: only if Special Consideration is granted, if a student does not attempt and submit the original Test, the form of reassessment, unless otherwise advised, is currently planned to be a viva voce, ie oral, examination of the student. (In any event, the form and nature of any reassessment remains at the complete discretion of the Unit Coordinator at all times, even after the original Test has been held.) The oral examination will be conducted by the Unit Coordinator personally. Students must be available to attempt the reassessment, whatever form it may take, at the time and date that is set for it by the Law School. This is NOT at the individual student’s discretion.

Examinable Material: This will be advised during semester.

Consequences of Failure to Attempt this Test and Non-Submission: As this Mid-Term Test is compulsory, students who do not attempt or submit this assessment by the due time and date will not be eligible to pass this Unit of Study and will have recorded against them an overall Fail grade for this Unit. Accordingly, they will not be permitted to sit the Final Examination. To avoid this outcome, even if not complete, students must submit the latest version they have managed to complete by the due date and time – so long as it can be regarded as a “satisfactory” attempt (even though it may receive a Fail grade).

Preparation: Students must be preparing for this Mid-Term Test right from the beginning of the semester, engaging with the cases and materials as per the Reading Guide and suggestions contained there as to what is required for preparation and personal study, as well as assistance provided in the classes. They will have ample time to prepare for it through personal study, especially as the examinable material will have all been covered in classes about two weeks prior to the Test. (Given the complex nature of the material, students are strongly encouraged not to “fall behind” in their reading and study of the cases and materials each week.) Moreover, students will have access to their own notes, Unit notes and materials, and the prescribed texts in attempting the Test.

B. FINAL (TAKE-HOME) EXAMINATION – 60%

This Examination is Compulsory.

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

Special Consideration and Reassessment: only if Special Consideration is granted, if a student does not attempt and submit the original Examination, the form of reassessment, unless otherwise advised, is currently planned to be a viva voce, ie oral, examination of the student. (In any event, the form and nature of any reassessment remains at the complete discretion of the Unit Coordinator at all times, even after the original Examination has been held.) The oral examination will be conducted by the Unit Coordinator personally. Students must be available to attempt the reassessment, whatever form it may take, at the time and date that is set for it by the Law School. This is NOT at the individual student’s discretion.

Examinable Material: This will be advised during semester.

Consequences of Failure to Attempt this Examination and Non-Submission: As this Examination is compulsory, students who do not attempt or submit this Examination by the due time and date will not be eligible to pass this Unit of Study and will have recorded against them an overall Fail grade for the Unit – even if they have otherwise attempted and received a Pass grade for the Mid-Term Test. To avoid this outcome, even if not complete, students should submit the latest version of their Examination they have managed to complete by the due time and date – so long as it can be regarded as a “satisfactory” attempt (even though it receives a fail grade).

Preparation: Students must be preparing for this Examination immediately following the Mid-Term Test, in addition to their preparation for the Mid-Term Test, engaging with the cases and materials as per the Reading Guide and suggestions contained there as to what is required for preparation and personal study, as well as assistance provided in the classes. Moreover, students will have access to their own notes, Unit notes and materials, and the prescribed texts in attempting the Examination.

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. Completely identifies all legal issues arising from the facts in the question. Completely identifies all legal principles relevant to the resolve the legal issues. Identifies all uncertainties, nuances and gaps in the legal principles and developing jurisprudence of the Court in this regard. Outstanding application of the law to the facts completely to resolve the legal issues arising from the facts. 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	Excellent answer to the question. Identifies all legal issues arising from the facts in the question. Identifies all legal principles relevant to the resolve the legal issues. Identifies all uncertainties, nuances and gaps in the legal principles and developing jurisprudence of the Court in this regard. Excellent application of the law to the facts completely to resolve the legal issues arising from the facts. Achieves a critical and evaluative approach to the issues. Content and structure is very well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument (where independent research required). Very well expressed and free from errors and omissions. Has an excellent structure and is excellently articulated.
Credit	65 - 74	Covers main issues very well in answering the question. Contains no significant errors. Identifies all the main critical legal issues arising arising from the facts of the question. Identifies all the main legal principles relevant to resolve the legal issues. Identifies most of the uncertainties, nuances and gaps in the legal principles and developing jurisprudence of the Court in this regard. Good application of the law to the facts completely to resolve the legal issues arising from the facts. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues (when independent research required). Has a clear structure and good and clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned and adequate argument in applying the law to the facts. Contains some significant errors and/or ommissions, or otherwise does not address the question accurately. Displays only satisfactory engagement with the key legal issues and principles. Offers only a descriptive summary of material and legal principles relevant to the question. Superficial use of material and identification of legal issues and principles, and may display a tendency to paraphrase. Covers most of the main issues adequately in answering the question. Identifies all the key, essential and fundamental main legal issues arising arising from the facts of the question. Identifies all the key and essential main legal principles relevant to the resolve the legal issues. Identifies only some of the uncertainties, nuances and gaps in the legal principles and developing jurisprudence of the Court in this regard. Satisfactory application of the law to the facts completely to resolve the legal issues arising from the facts. Demonstrates little evidence of in-depth research or analysis (where such research is required). 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 adequately or at all. Contains significant or numerous errors or omissions. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Does not identify all the main critical legal issues arising from the facts of the question. Does not identify all the main legal principles relevant to the resolve the legal issues. Does not identify the uncertainties, nuances and gaps in the legal principles and developing jurisprudence of the Court in this regard. Poor application of the law to the facts to resolve the legal issues arising from the facts, or failure adequately to engage with the facts. Lack of research or analysis (where such research required). Poor or inadequate structure with respect to the resolution of the legal issues. Poor or inadequate articulation of the resolution of legal issues and problems. 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 Term Test: as this is a Test with a strict time limit, no Test submission can be accepted that is submitted late. B: Final Examination: as this is a formal Examination with a strict time limit, no Examination submission 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	Class 1: 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. Class 2: Principles of constitutional interpretation etc (cont’d).	Lecture (4 hr)
Week 02	Class 1: Principles of constitutional interpretation etc cont'd. Class 2: Inconsistency	Lecture (4 hr)
Week 03	Class 1: Inconsistency/External Affairs. Tutorial 1: Interpretation and Inconsistency.	Lecture and tutorial (4 hr)
Week 04	Class 1: External Affairs. Class 2: Corporations.	Lecture (4 hr)
Week 05	Class 1: Freedom of Interstate Trade. Tutorial 2: External Affairs and Corporations	Lecture and tutorial (4 hr)
Week 06	Class 1: Freedom of Interstate Trade. Class 2: Taxation/Grants (+Excise)	Lecture (4 hr)
Week 07	Class 1: Taxation/Grants (+ Excise). Tutorial 3: Freedom of Interstate Trade and Tax	Lecture and tutorial (4 hr)
Week 09	Classes 1 and 2: Defence.	Lecture (4 hr)
Week 10	Class 1: Implied Freedom of Political Communication. Tutorial 4: Grants and Defence.	Lecture and tutorial (4 hr)
Week 11	Class1: Implied Freedom of Political Communication and Intergovernmental Immunities.	Lecture (2 hr)
Week 12	Tutorial 5: Implied Freedom of Political Communication and Intergovernmental Immunities	Tutorial (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as per the mode of delivery for the unit. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

This is a full time compulsory course leading to professional accreditation. Students are expected to attend every class 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 classes and to complete assessments on time, to attend both the mid-term test and the formal examination at the set time. Work or social commitments, and such like, cannot and will not be taken into account in this regard.

Word count penalty: If a piece of assessment exceeds the prescribed word limit, any words beyond the limit will simply not be read by the examiner and the assessment will be marked only by reference to the words that are within the word limit.

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, and 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 the Library eReserve, available on Canvas under ‘Reading List’

Prescribed Text:

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

This may be supplemented, purely for the assistance of students, by a formal set of the Convenor’s lectures that have been pre-recorded especially to assist students’ reading of the cases and material in the casebook and to assist them in their private study and the preparation of their own notes. They are accompanied by detailed lecture slides, which will also be made separately available on Canvas. (NB, these pre-recorded lectures are in addition to the recordings of the live lectures that will be delivered by the Convenor and which will also be available in case students missed an particular point in class.)

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 2018, 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. develop 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. develop a detailed knowledge and understanding of interpretational methodology in constitutional law.
LO3. develop 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 to identify and resolve complex legal issues arising in this area.
LO4. develop 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 identification of legal issues from complex factual scenarios and the resolution of legal issues and 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.

The mid-term assessment has been changed to constitute 40% of the final grade and the final exam 60%. Tutorials also have been organised.

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, 2022 [Normal day] - 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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect