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Unit outline_

LAWS5007: Public Law

Semester 2, 2023 [Normal evening] - Camperdown/Darlington, Sydney

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
? 
LAWS5000
Corequisites
? 
None
Prohibitions
? 
LAWS1021
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Rayner Thwaites, rayner.thwaites@sydney.edu.au
Lecturer(s) Grant Hooper, grant.hooper@sydney.edu.au
Type Description Weight Due Length
Supervised exam
? 
Final exam
2 equally weighted problem questions. 2.5hrs writing + 30 minutes reading.
60% Formal exam period 2.5 hours
Outcomes assessed: LO1 LO2 LO3
Participation Individual structured participation
One rostered class discussion leadership ('on call') role.
10% Multiple weeks Within one rostered seminar.
Outcomes assessed: LO1 LO2 LO3
Assignment Individual Short-Release Assignment
Short release assignment, 1500 word limit
30% Week 06
Due date: 05 Sep 2023 at 15:00

Closing date: 11 Sep 2023
1500 word limit /96 hours
Outcomes assessed: LO1 LO3 LO2

Assessment summary

Final exam (60%): The final exam will assess material covered in the course as a whole, excluding Topics 3 and 5. The exam will comprise two equally-weighted problem questions. It will be a supervised in person timed exam with 2.5 hours writing time and 30 minutes reading time. It will be open book.

Individual short-release assignment (30%): The assignment will assess material covered in Topics 1-2 and 4-5. It will comprise one problem question. The assignment question will be released 3pm Friday 1 September. Responses must be submitted via the canvas site by 3pm Tuesday 5 September. The word limit will be 1,500 words (excluding references and any bibliography).

Individual structured participation (10%): The structured participation mark is assessed on a student’s participation when rostered on-call for one seminar of seminars 5-11 inclusive. Rosters will be settled over the first 3 weeks of semester. Students who are on-call should be prepared to speak to, and answer questions on, the prescribed readings for their rostered topic (which may be a sub-topic). They should demonstrate that they have read the prescribed readings, and reflected on issues of principle or application that are raised by the materials.

Special consideration: 

Final exam (60%): Replacement exam.

Individual short-release assignment (30%): Extension of time up to the closing date; after which an alternative assessment.

Individual structured participation (10%): Subject to the following, students will be assessed on their contribution in the class for which they are rostered and non-attendance will result in a mark of 0/10: (i) mutually-agreed swaps may be arranged directly between students and advised to the seminar teacher by email in advance of the first class affected by the swap; (ii) if a student is unable to attend their rostered on-call seminar due to illness or misadventure, they must as a priority email their seminar teacher who will advise if rescheduling to a later class is viable; (iii) if rescheduling to a later class is not deemed viable by the seminar teacher, students affected by illness or misadventure should apply for special consideration which, if granted, will be an alternative assessment.

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

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 exclude all references and any bibliography.

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. 

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:

Individual short-release assignment: Late submission of an assignment which has not been granted an extension will attract a penalty of 6 marks (20% of 30 marks) per 24-hours or part thereof. For example, a submission after 3.00pm but before the same time the following day will attract a 6 mark penalty. Subject to a 15 minute grace period, late penalties will be strictly applied. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

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.

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
Week 01 Topic 1 Introduction Seminar (1 hr) LO1 LO2 LO3
Topic 2: Constitutional history and popular sovereignty Seminar (2 hr) LO1 LO2 LO3
Week 02 Topic 3 First Nations and the Constitution Seminar (1.5 hr) LO1 LO2 LO3
Topic 4: Flexibility and rigidity in Australian constitutions Seminar (1.5 hr) LO1 LO2 LO3
Week 03 Topic 4 continued Seminar (3 hr) LO1 LO2 LO3
Week 04 Topic 5 A representative parliament Seminar (3 hr) LO1 LO2 LO3
Week 05 Topic 5 continued Seminar (1.5 hr) LO1 LO2 LO3
Topic 6: Parliamentary oversight of delegated legislation Seminar (1.5 hr) LO1 LO2 LO3
Week 06 Topic 7: A responsible executive Seminar (3 hr) LO1 LO2 LO3
Week 07 Topic 8: Non-statutory executive power Seminar (3 hr) LO1 LO2 LO3
Week 08 Topic 8 continued Seminar (3 hr) LO1 LO2 LO3
Week 09 Topic 9: Freedom of Information Seminar (3 hr) LO1 LO2 LO3
Week 10 Topic 10: The Constitution and judicial power Seminar (3 hr) LO1 LO2 LO3
Week 11 Topic 10 continued Seminar (3 hr) LO1 LO2 LO3
Week 12 Topic 10 continued Seminar (3 hr) LO1 LO2 LO3
Week 13 Revision Seminar (3 hr) LO1 LO2 LO3

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.

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 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. Integrate and rigorously apply understanding of the substantive content and operation of public law at the state and federal levels with respect to selected topics, to effectively address issues embedded in the assessment tasks.
  • LO2. Identify, critically analyse and appropriately apply public law rules and principles to resolve legal problems.
  • LO3. Provide effective written and oral legal argument and clearly communicate analysis and advice on public law problems and issues.

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 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.