Outline

Overview

The main objective of the course is to impart an undestanding 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 aims to:- Provide analysis of the function of the High Court as the final arbiter of constitutionality. - Develop and understanding of the techniques of judicial review as applied in Australia.- Encourage discussion on the themes of federalism, constitutional change through interpretation, and constitutionalism (for example, the rule of law, limits upon government power, and allocating power for public ends). 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, tax, grants, defence, and "race"; and prohibitions on Commonwealth legsilative 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 ?	LAWS5007
Corequisites ?	None
Prohibitions ?	LAWS2011
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Joel Harrison, joel.harrison@sydney.edu.au
Lecturer(s)	Peter Chiam, peter.chiam@sydney.edu.au

Assessment

The census date for this unit availability is 2 April 2024

Details
Criteria

Type	Description	Weight	Due	Length
Supervised exam ?	Final Examination (60%) Formal in person, invigilated examination	60%	Formal exam period	2.5 hours
Outcomes assessed:
Assignment	In-semester problem question (40%) Assignment	40%	Week 07 Due date: 08 Apr 2024 at 16:59 Closing date: 29 Apr 2024	2000 words / 7 weeks
Outcomes assessed:

Assessment summary

A. ASSIGNMENT

This in-semester problem question assignment is compulsory. It is worth 40% of the final mark in this unit of study. The assignment question will be released to students on the canvas site during week 1 of semester one. Submissions are due at 4:59pm (Sydney, Australia time) on Monday 8 April 2024.

Word Limit: The assignment has a maximum word limit of 2000 words, excluding footnotes. Footnotes must only contain citations. Any words beyond the 2000 word limit (excluding footnotes) will not be read or marked.

Special consideration: A grant of special consideration application may result in an alternative task, including a viva voce (oral) examination, at the discretion of the Unit Coordinator.

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). The use of Studiosity does not breach this rule but must be acknowledged.

B. FINAL EXAMINATION

The final examination is compulsory. The examination is open book. Students will be permitted to bring to the examination the casebook, a copy of the Constitution, seminar notes and materials, any notes of their own, and language dictionaries. Electric devices are not permitted. It is a supervised (invigilated), pen and paper examination, worth 60% of the overall marks in this unit of study. It is 2.5 hours plus 30 minutes reading time, held during the formal examination period.

Examinable Material: This will be advised during semester.

Special consideration: The outcome of a successful special consideration application for the original examination is a replacement examination.

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.

ATTENDANCE: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. 

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (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 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. Exceptionally well written, structured and expressed. Is well-supported by correctly identified and relevantly targeted legal authority. 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 resolve the legal issues. Identifies 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. Very well expressed and free from errors and omissions. Is well-supported by correctly identified and relevantly targeted legal authority.
Credit	65 - 74	Covers main issues very well in answering the question. Contains no significant errors. Identifies all the main critical legal issues 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 to resolve the legal issues arising from the facts. Demonstrates an attempted critical approach to the issues. Has a clear structure and good and clear expression. Is supported by correctly identified legal authority.
Pass	50 - 64	Identifies the key, essential 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 omissions, or otherwise does not address the question accurately. Identifies key, essential main legal principles relevant to resolve the legal issues. Displays only satisfactory engagement with the key legal issues and principles, offering only a descriptive summary or superficial use of material relevant to the question with some satisfactory legal application to the facts. Covers most of the main issues sufficiently in answering the question. Minimally engages with uncertainties, nuances and gaps in the legal principles and developing jurisprudence of the Court in this regard. Adequate expression. Is supported by correctly identified legal authority but may contain inaccuracies. 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 resolve the legal issues. Does not identify 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. 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. Is not adequately supported by correctly identified legal authority. 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:

Submitting the in-semester problem question assignment late will attract a penalty of 10% of the total marks available for the piece of assessment, ie 4 marks, per calendar day or part thereof. For example, a submission after 4:59pm (due time) but by 11:59pm on the due date will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission. Late penalties do not apply to a formal sit-down, invigilated examination and any late submissions will not be accepted.

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction, distribution of powers in federation, principles of constitutional interpretation and characterisation; trade and commerce power (s 51(i) as case study.	Seminar (3 hr)
Week 02	Principles of constitutional interpretation etc (cont'd); and Inconsistency (s 109).	Seminar (3 hr)
Week 03	Inconsistency (s 109); and External Affairs (s 51(xxix)).	Seminar (3 hr)
Week 04	External Affairs (s 51(xxix)).	Seminar (3 hr)
Week 05	Corporations Power (s 51(xx)).	Seminar (3 hr)
Week 06	Corporations Power (s 51(xx)); and Freedom of Interstate Trade (s 92).	Seminar (3 hr)
Week 07	Freedom of Interstate Trade (s 92); and Taxation (+Excise) (ss 51(ii), 55, 90).	Seminar (3 hr)
Week 08	Taxation (+Excise) (ss 51(ii), 55, 90); and Grants (s 96).	Seminar (3 hr)
Week 09	Grants (s 96).	Seminar (3 hr)
Week 10	Defence (s 51(vi)) and the Doctrine in the Communist Party Case.	Seminar (3 hr)
Week 11	Defence (s 51(vi)) etc (cont'd); and the Implied Freedom of Political Communication.	Seminar (3 hr)
Week 12	Implied Freedom of Political Communication (cont'd); and Express Right (s 116 as case study).	Seminar (3 hr)
Week 13	Intergovernmental Immunities; and Race (s 51(xxvi)).	Seminar (3 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. Failure to meet this requirement may result in a student being precluded from sitting the examination and will result in a Fail grade.

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. A full list of readings (including recommended readings) is available on Canvas.

Prescribed Text:

Aroney, Murray et al, Winterton’s Australian Federal Constitutional Law: Commentary and Materials (Thomson Reuters (Law Book Co), 5th ed, 2022).

This is supplemented by resources added to 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. evaluate and critically analyse constitutional law issues by applying a detailed knowledge of the substantive content of constitutional law, and an understanding of the 'grammar' or modes of argument within constitutional law.
LO2. resolve new and sophisticated constitutional law problems by: (a) identifying legal issues using accepted and relevant constitutional law methods; and (b) creatively analysing facts and law (settled and as it may develop).
LO3. demonstrate an understanding of constitutional law doctrine, and identify and describe relevant constitutional law principles, thus evidencing the foundational knowledge needed to practice constitutional law.
LO4. reason with enhanced and rigorous analytical skills, creating precise, clear, well-structured, succinct, and persuasive legal arguments.

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.

(1) Seminar ordering has been slightly modified. (2) The mid-semester assessment has been changed from a short-release to a long-release assignment. The word limit has been reduced to 2000 words to encourage greater synthesis of principles and targeted, relevant discussion.

Additional information

Students are required to have completed Public Law (LAWS5007) prior to enrolment.

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

Support for students

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

LAWS5011: Federal Constitutional Law

Semester 1, 2024 [Normal evening] - 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

Support for students

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