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Faculty of Law

LAW 253 FOUNDATIONS OF PUBLIC LAW

Semester 1, 2019 Unit Outline

CRICOS Provider Code: 00586B

CONTACT DETAILS Unit coordinator Unit coordinator: Anja Hilkemeijer Email: [email protected] Phone: 6226 7566 Room: 3.04, Law Building Consultation hours: Wednesdays 1- 2 pm

© The University of Tasmania 2015

WHAT IS THE UNIT ABOUT? UNIT DESCRIPTION The unit introduces students to the study of public law within the sub-disciplines of constitutional and administrative law. Public law is also the foundation of a range of other disciplines of law including: criminal, human rights, environmental, international (both public and private), immigration, taxation, corporations and industrial relations law. The main theme of this unit is public law in contemporary practice; in particular how public law defines, constrains and empowers governmental action. Students will develop both a theoretical and practical understanding of the subject matter and participate in learning and assessment based on contemporary public law issues. The course will be divided into inter-related parts: A. B. C. D.

Introduction to the Ausminster System, Parliament The Executive Independence of the Judiciary and Scrutiny of public institutions.

This unit will provide students with part of the necessary theory to complete a law degree in accordance with the Priestly 11 requirements and is a prerequisite for the core administrative and constitutional law units as well as any public law elective units students may choose to undertake. INTENDED LEARNING OUTCOMES

Law Threshold Learning Outcomes TLO 1 Knowledge

Unit Learning Outcomes On completion of this unit, students should: Possess a clear understanding of the functions, powers and limits on the powers of the three arms of government at all levels of government in Australia.

Have a working knowledge of the theory underpinning constitutional, parliamentary and administrative law. Understand the inter-operation of political conventions, foundational principles and assumptions, written constitutions, common law and statutory law in contemporary public law and administration. TLO 2 Thinking Skills

Respond orally to questions about the nature of, and current issues in, Australian administrative and constitutional law.

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Assessment Methods Lecture preparation and participation Participation in seminars

UTAS Graduate Attributes Knowledge, Global perspective, Social responsibility

Examination

Lecture Preparation and participation

Problem-solving skills

LAW253 Foundations of Public Law

Be able to critically analyse contemporary public law problems and present arguments in relation to the legal issues raised by those problems. TLO 3 Research Skills

Be able to identify the sources of Australian public law.

Preparation of oral submissions Examination

Preparation of Problem-solving oral submissions skills

Research legislation and case law as necessary to prepare relevant and persuasive arguments to legal problems. TLO 4 Communication and Collaboration

TLO 5 Selfmanagement

฀฀able to contribute to class discussion in a professional manner. Be able to communicate legal argument on public law issues. Be able to locate and comply with court precedents and procedures. Be able to allocate appropriate study time in relation to the work required for each of these as well as for lecture preparation

Lecture participation

Communication skills

Preparation of oral submissions

Lecture Preparation

Knowledge

Preparation for seminars

LECTURES •

11- 1 o’clock on Wednesdays in Law Building Lecture Theatre 1

•

1-2 o’clock on Fridays in Law Building Lecture Theatre 1

SEMINARS Times Seminars will be held in weeks 3, 5, 7, 9, 11 and 13. Signing up You will sign up to your seminar slot via MyLO on the Friday of week 1, between 10 am and 5 pm. STUDENTS WHO SIGN UP PRIOR TO THIS TIME WILL HAVE THEIR NAME REMOVED AND WILL NEED TO RE-SIGN DURING THE ALLOTED TIME. Once signed up students will not be able to alter your selection. Seminars are strictly limited to sixteen (16) students. This is to ensure effective allocation of oral submission slots. Once you have been allocated a seminar time you may not attend a different seminar under any circumstances. Seminars are a critical part of your practical legal training as well as preparation for

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the final exam. Fpr these reasons students are required to attend all seminars, including week 3 advocacy training. Because oral submissions start on the hour, and to avoid distracting and interrupting oralists, students will not be permitted to enter the moot court after the start of the seminar. All seminars will start exactly on ‘the hour’. Use of electronic devices is not permitted during the seminars. REQUIRED TEXTS 1. A Reader (in two volumes) is available on Mylo and for purchase in the Coop bookshop. 2. The following texts from the Co-op Bookshop: •

Casebook (you will also use this in LAW250): Blackshield T, Williams G, Australian Constitutional Law & Theory, Commentary and Materials, 7th ed. (2018) Federation Press.

•

Constitution of the Commonwealth of Australia Pocket Edition (1999) AG’s Dept, Canberra.

Teachin hingg and learn learning trateg ategies Teac hin ing sstr tr ateg ies Learning expectations The University is committed to high standards of professional conduct in all activities, and holds its commitment and responsibilities to its students as being of paramount importance. Likewise, it holds expectations about the responsibilities students have as they pursue their studies within the special environment the University offers. The University’s Code of Conduct for Teaching and Learning states: Students are expected to participate actively and positively in the teaching/learning environment. They must attend classes when and as required, strive to maintain steady progress within the subject or unit framework, comply with workload expectations, and submit required work on time.

Details of teaching arrangements Lectures will be conducted in a Socratic style, i.e. using a question and answer technique. To enable this style of learning, students are required to have completed the reading set for each week prior to the Wednesday lecture. The lecturer will ask students questions about the set material. There will also be opportunities for the students to ask questions of the lecturer and to engage in class discussion. Students are required to indicate their name every time they speak so that a record can be kept of their contribution. Students should speak clearly and loudly enough to be heard by the entire class. Failure to state name or failure to speak clearly will mean the contribution may not be recorded. No discussion is to be entered into with the record keepers during or after the lecture. Because learning in this unit is based on participation in the lectures/seminars the following rules apply: 1. laptops and phones are not permitted

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2. students are asked to sit in the front-half of the lecture theatre. Exception: students with a Learning Access Plan requiring the use of a laptop or other device should contact the Unit Coordinator before the start of week 1. All lectures will be recorded. A class roll will be taken to assist in the calculation of participation marks. In this unit, your active engagement will be monitored in the following ways: 1. signing up to a seminar slot on the Friday of week 1 and 2. attendance at the Advocacy Workshop in week 3. If you do not demonstrate evidence of having engaged actively with this unit by completing these two activities by Week 4 of semester, your enrolment may be cancelled or you may be withdrawn from the unit.

COMMUNICATION News and announcements will be posted to MyLO News, and students will be expected to be aware of the content of such posts within 48 hours of them being posted. All questions about assessment that have not been answered in the Unit Outline or in the instructions on MyLO, can be asked using the Discussion Topic called Administrative Questions. Questions will be responded to within the same Discussion within 48 hours. The only student emails that will be responded to are those of a personal nature. Please note that Emails or posts which are not written in a grammatically correct, professional, and courteous manner will not be responded to. HOW WILL I BE ASSESSED? ASSESSMENT SCHEDULE Assessment task

Date due

Assessment Task 1: Oral Submissions

Five times 40% during semester (top 4 counted)

All.

Lecture participation

Semester long

10%

All.

Exam

TBA

50%

All.

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Precent weighting

Links to Intended Learning Outcomes

LAW253 Foundations of Public Law

ASSESSMENT DETAILS

Task1 ubmissions (4*10%) Ta sk1 Oral Submis sions (4 *10%) Description

These will be structured as a ‘mini-moot’. Each student will make 5 oral submissions during semester. A total of eight (8) presenters – four (4) for the pleading party (applicants) and four (4) for the responding party (respondents) – will address issues set out in the seminar question. Students will be allocated issues to moot on by the unit coordinator. No correspondence will be entered into regarding the allocation. Student may not ‘swap’ allocations. Detailed instructions and rules as to penalties regarding oral submissions can be found in the ‘seminar folder’ on Mylo Note that students are not permitted to enter the seminar room after its commencement. All seminars will commence strictly ‘on the hour’.

Task Length

Five (5) x five minute in-class presentations

Assessment criteria

You will be marked on the following criteria: •

Understanding - Demonstrated knowledge of relevant tests, principles and cases

•

Application - Application of law to facts, a clear and compelling line of reasoning, preparation of counterarguments.

•

Advocacy - Ability to present legal reasoning and argument orally using precise language and a conversational style, including ability to answer questions.

•

Court Etiquette - Ability to present arguments using correct introduction and conclusion, legal language and (where necessary) appropriate dispensation of full citations.

Part ic ipati on 110% 0% Partic icipati ipation Description

You will be assessed on your contribution and involvement in lecture discussion. Notes on participation -

You should ensure you introduce yourself before answering any questions so note can be taken of your participation. This also prepares you for professional legal meetings, seminars and conferences where such decorum is expected.

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-

Further instructions as to how participation is to be recorded and assessed will be provided at the start of semester.

Task Length

Throughout semester.

Assessment Criteria

You will be marked on the following criteria: -

Evidence of having completed the readings

-

Understanding of the materials

-

Ability to make connections between the reading and other aspects of your learning.

-

Level of participation with, and encouragement of, other students.

Exam 50% Description

Your exam brings together everything you have learned, studied, analysed and discussed over semester, including the hypothetical legal problems addressed in written submissions and seminars. The exam will be closed book. Further information on the format of the exam will be provided later in semester.

Length

Two (2) hours

Date

The final exam is conducted by the University Registrar in the formal examination period. See the Current Students homepage (Examinations and Results) on the University’s website.

PENALTIES Failure to present at an allocated appearance in seminars at the time called upon by the seminar coordinator (judge) will result in 0% being awarded for that seminar presentation. This is because seminars simulate a practice-based environment and in a court of law if you do not appear on a listed matter when called upon by a judge, the judge will proceed to other matters. Students who miss an oral submission because of a serious medical condition must provide a medical certificate. In those cases, the 10% oral submission component of the assessment will be added to the value of the exam (ie missed oral submission on serious medical grounds, then exam will be worth 60%). REVIEW OF RE SULTS AND A PPEALS RESULTS APPEALS Review of Assessment is available to all students once the University has released the final result for a unit. If you are dissatisfied with your final result, you may apply to have it reviewed. See documentation on http://www.utas.edu.au/__data/assets/pdf_file/0018/314622/Review-ofAssessment.pdf.

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HOW YOUR FINAL RESULT IS DETERMINED Your final result is determined by adding up the marks obtained for all assessment tasks. You must receive more than 50% in total for all course assessments to pass this unit. Note that attendance at all seminars is a prerequisite for sitting the exam. ACADEMIC REFERENCING Failure to appropriately acknowledge the ideas of others constitutes academic dishonesty (plagiarism), a matter considered by the University of Tasmania as a serious offence. The appropriate referencing style for this unit is the Australian Guide for Legal Citation (AGLC): http://www.law.unimelb.edu.au/mulr/aglc The University library provides information on presentation of assignments, including referencing styles and should be referred to when completing tasks in this unit.

ACADEMIC MISCONDUCT Academic misconduct includes cheating, plagiarism, collusion, copying (or allowing another student to copy) work for an assignment or an examination, and any other conduct by which a student: a. seeks to gain, for themselves or for any other person, any academic advantage or advancement to which they or that other person are not entitled; or b. improperly disadvantages any other student. In this unit academic misconduct would also include the sharing of written submissions or discussing the content of a seminar moot with members of other seminars prior to the conclusion of the seminar week. Please note that plagiarism and collusion are readily identified by turn-it-in software. Any incidences of suspected academic misconduct will be referred immediately to the Dean of the Faculty. Note that the commencement of disciplinary proceedings may have significant repercussions for those planning to seek admission as a solicitor or barrister in any Australian jurisdiction. Please read the following statement on plagiarism. Should you require clarification please see the Unit Coordinator. Plagiarism Plagiarism is a form of cheating. It is taking and using someone else's thoughts, writings or inventions and representing them as your own; for example, using an author's words without putting them in quotation marks and citing the source, using an author's ideas without proper acknowledgment and citation, copying another student's work. If you have any doubts about how to refer to the work of others in your assignments, please consult your lecturer or tutor for relevant referencing guidelines. You may also find the Academic Honesty site on MyLO of assistance. The intentional copying of someone else’s work as one’s own is a serious offence punishable by penalties that may range from a fine or deduction/cancellation of

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marks and, in the most serious of cases, to exclusion from a unit, a course or the University. The University and any persons authorised by the University may submit your assessable works to a plagiarism checking service, to obtain a report on possible instances of plagiarism. Assessable works may also be included in a reference database. It is a condition of this arrangement that the original author’s permission is required before a work within the database can be viewed. For further information on this statement and general referencing guidelines, see the Plagiarism and Academic Integrity page on the University web site or the Academic Honesty site on MyLO.

MYLO MyLO is the online learning environment at the University of Tasmania. This is the system that will host the online learning materials and activities for this unit and where you will upload your written submissions. Getting help with MyLO It is important that you are able to access and use MyLO as part of your study in this unit. To find out more about the features and functions of MyLO, and to practice using them, visit the Getting Started in MyLO unit. For access to information about MyLO and a range of step-by-step guides in pdf, word and video format, visit the MyLO Student Support page on the University website. If something is not working as it should, contact the Service Desk ([email protected], phone 6226 1818), or Request IT Help Online.

Concerns and ccom om plaints omplaints The University is committed to providing an environment in which any concerns and complaints will be treated seriously, impartially and resolved as quickly as possible. We are also committed to ensuring that a student may lodge a complaint without fear of disadvantage. If you have a concern, information about who to contact for assistance is available on the ‘How to resolve a student complaint’ page. FURTHER INFORMATION AND ASSISTANCE If you are experiencing difficulties with your studies or assignments, have personal or life-planning issues, disability or illness which may affect your course of study, you are advised to raise these with the unit coordinator in the first instance. There is a range of University-wide support services available to you including Student Learning Support, Student Advisers, Disability Services, and more which can be found on the Student Support and Development page of the University website. Should you require assistance in accessing the Library, visit their website for more information.

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Work Health and SSafe afe ty (WHS) afety The University is committed to providing a safe and secure teaching and learning environment. In addition to specific requirements of this unit you should refer to the University’s Work Health and Safety website and policy. ALTERATIONS TO THE UNIT AS A RESULT OF STUDENT FEEDBACK In response to 2015 student feedback that the textbook did not sufficiently cover the relevant material, a Reader (in two volumes) has been created to support learning in the unit. The Reader contains selected extracts to support every aspect of the material covered in the unit and is presented in a week- by-week format. In response to changes in cohort composition and student difficulties in completing written submissions in 2018, written submissions no longer form part of the assessment in this unit. Instead, student legal reasoning skills will be developed through regular oral submissions. Peer Assisted Study Sessions (PASS) Peer Assisted Study Sessions (PASS) offers free, weekly 50-minute collaborative group study sessions to all stude...