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Unit outline_

LAWS5011: Federal Constitutional Law

Semester 1, 2022 [Normal day] - Remote

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. 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 about the Constitution as Australia's basic instrument of government. The topics covered in detail include: Trade and commerce, severance and reading down, inconsistency, external affairs, defence, corporations, freedom of interstate trade, general doctrines of characterisation and interpretation, grants, revenue powers, excise duties, intergovernmental immunities and constitutional rights. The course may include some overseas material to provide points of comparison and contrast.

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 Anne Twomey, anne.twomey@sydney.edu.au
Lecturer(s) Anne Twomey, anne.twomey@sydney.edu.au
Joel Harrison, joel.harrison@sydney.edu.au
Type Description Weight Due Length
Final exam (Take-home short release) Type D final exam Final exam (Take-home short release)
2.5 hours (plus 30 minutes reading time) written take-home exam
60% Formal exam period 2.5 hours
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
Assignment Assignment
Assignment - written task
40% Week 07
Due date: 04 Apr 2022 at 14:00

Closing date: 02 May 2022
6 pages / 2 weeks.
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Type D final exam = Type D final exam ?

Assessment summary

  • Allocation of marks: The assignment is compulsory and will account for 40% of a student’s final grade.  The final exam is also compulsory and will account for 60% of a student’s final grade. 

 

  • Assignment:  The assignment will be released on Monday 21 March 2022 and is due on Monday 4 April.  It should take no more than two days to complete.  The longer release period is given to allow students to manage their own time and other commitments.  No assignment will be accepted after the Closing Date of 2 May 2022 at 14.00.
  • Nature of the task:  Students will be required in the assignment to address a constitutional law problem by providing advice in relation to questions asked.  Students are required to identify all the relevant constitutional law issues, identify the relevant legal authority and apply the law to the facts in a manner that resolves the questions asked.  In doing so, students must demonstrate their capacity to apply logic, reason by analogy, distinguish cases and provide practical and accurate advice that meets the needs of the person or body they are advising.  Students should demonstrate an understanding of judicial methodology with respect to constitutional law, in assessing how a court may deal with the questions asked. Students must demonstrate legal writing skills by providing concise and clear answers.
  • Assignment format:  Assignments must conform to the requirements set out below.  The maximum length for the assignment is 6 pages.  Footnotes are permitted, but must only include citations of sources – not quotations or other text.  Citations must include the relevant page or paragraph number in the case to which reference is being made.  Material sourced from the internet must be cited using the URL address.  The six pages must be A4 in size and submitted as a MS Word document (.doc or .docx).  The text must be typed and double spaced in Times New Roman 12 point font.  The footnotes must be single spaced in Times New Roman 10 point font.  There must be a 2.54cm margin on all sides of the page.  Each page must be numbered.  The student’s SID must be placed in a header on the assignment (but not the student’s name).  Any pages beyond 6 pages will not be read or marked.  If a student’s assignment is incorrectly formatted, it may be re-formatted by the marker and any material beyond 6 pages as re-formatted will not be marked.

 

  • Final exam: The final take-home exam will be 2.5 hours long (plus 30 minutes reading time).  It is an open-book exam and ‘Turn-it-in’ software will be used.
  • Final exam format:  The maximum word limit is 2500 words for the entire exam, including headings.  No footnotes are permitted.  Twelve point font must be used and it must be double-spaced. Case references should be included in the text and full citations are not required. Any material that exceeds the word limit of 2500 words (calculated to include any footnotes that may have been included in breach of the instructions) will not be marked.  Students must attempt to answer all parts of each question.  There is no choice.  Each question is worth an equal number of marks, but sub-questions will not be given separate mark allocations.  The amount of time that should be spent on each sub-question will depend upon the complexity of the sub-question and the number of issues it raises.
  • Nature of the task:  Students will be required in the final exam to address two constitutional law problems by providing advice in relation to questions asked.  Students are required to identify all the relevant constitutional law issues, identify the relevant legal authority and apply the law to the facts in a manner that resolves the questions asked.  In doing so, students must demonstrate their capacity to apply logic, reason by analogy, distinguish cases and provide practical and accurate advice that meets the needs of the person or body they are advising.  Students should demonstrate an understanding of judicial methodology with respect to constitutional law, in assessing how a court may deal with the questions asked. Students must demonstrate legal writing skills by providing concise and clear answers.
  • Special consideration:   Grants of special consideration for the final exam may lead to a written replacement exam or a viva (oral exam) at the Course Convenor’s discretion.

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  • Own work:  Students may not consult each other or discuss the assignment or exam problems with others.  All submitted work must be the work of the individual student alone.

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  • A student must make a satisfactory attempt at all compulsory assessment tasks set out for this unit in order to obtain a pass mark and grade (or above). 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:

The late submission of the assignment, if an extension has not been granted, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. Subject to a grace period of one hour, penalties for late submission will be strictly applied. While Canvas allows students to submit after the due date and time, any such submission will be recorded as late (subject to the prior grant of an extension or special consideration). The date and time of submission as recorded by Canvas is taken as the official and final record of a student's submission. The final document uploaded is the one that will be marked. Students are responsible for uploading the correct version of the correct document to the correct box for this unit of study. The above does not apply to the exam, which must be submitted on time.

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
Multiple weeks Introduction, constitutional interpretation and characterisation Seminar (6 hr) LO2 LO7
Heads of legislative power and inconsistency Seminar (12 hr) LO1 LO4 LO5
Mid-semester review Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Financial and economic powers and limits Seminar (8 hr) LO1 LO4 LO5
Inter-governmental immunities Seminar (4 hr) LO1 LO4 LO5
Rights Seminar (6 hr) LO1 LO4 LO5
Revision Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6

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.



 

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

  • The prescribed reading is comprised of cases and other material that are listed in the reading guide.  The cases and materials are all accessible online, and the relevant pages are specified in the reading guide.
  • For ease of reference, the relevant case extracts are all also contained in:  G Williams, S Brennan and A Lynch, Blackshield and Williams, Australian Constitutional Law and Theory: Commentary and Materials (7th edn, 2018) – hard copy or e-book.  The book is not prescribed reading, but recommended, as it adds context to the cases and condenses the relevant extracts.
  • Students must have a copy of the Commonwealth Constitution (copy in Blackshield and Williams or download online)
  • Additional prescribed readings of cases and materials will be placed on Canvas or on e-reserve.

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 federal constitutional law through a detailed examination of selected topics which enables you to recognise and resolve issues which might arise in constitutional law, including issues which might arise in relation to topics that are not necessarily studied
  • LO2. demonstrate an understanding of judicial methodology in this complex area of law together with key issues relating to the interpretation of the Constitution
  • LO3. demonstrate the development of a minimum basic competence to practice in the field of constitutional law
  • LO4. demonstrate analytical skills, critical judgment and the ability to distinguish and apply legal principles to fact situations.
  • LO5. recognise, define and resolve legal problems.
  • LO6. demonstrate the development of legal writing skills through the articulation in writing of how legal problems can best be resolved.
  • LO7. demonstrate appreciation for the broader context in which legal principles and problems arise.

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.

Comments made in student feed-back have been taken into account in revising how the course is taught.
  • Teacher consultation guidelines: Please contact lecturers in class or by email. Please use your University of Sydney email address, not a private email address. Students should provide their student identification number and their name when corresponding with academic staff.

 

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.