Principles of Public Law (LAWS1703)

Course overview

This course provides an introduction to the key features of the law governing public power in Australia and is the foundation for later study of constitutional and administrative law.

This course provides an introduction to the major principles and institutions of Australian public law. Public law is the domestic law that governs the state. It does so by conferring power upon state institutions and officials and by regulating and limiting the exercise of that power. Public law focuses on the institutions of government - especially the legislature, the executive and the judiciary - and their relationships with each other and with the people that they govern. Public law is often contrasted with private law, which governs the relationships between persons, associations and corporations - especially economic, social and family relationships.

When lawyers speak of public law, they are mainly referring to constitutional law and administrative law (though there are other areas of public law, such as criminal law and tax law). This course provides the foundation for later, more in-depth study of constitutional and administrative law. Constitutional law is the body of foundational rules and principles that govern state institutions generally. Administrative law is the more specific body of rules and principles that govern the actions of the executive branch of government.

To introduce students to the key principles and institutions of Australian public law, this course considers:

• Fundamental public law ideas and principles, such as sovereignty, the rule of law, constitutionalism and federalism.
• The history of public law in Australia.
• The main institutions of government in Australia - parliament, executive and judiciary - especially at the Commonwealth level.
• Constitutional and legislative protections for human rights.
• Constitutional change, including a case study focusing on the rights of Aboriginal and Torres Strait Islander peoples.

Course requirements

Assumed background

Principles of Public Law assumes basic knowledge about Australia's political system. ﾠ

It also assumes sound knowledge ofﾠAustralia's legal system including its principal institutions and sources of law. Students should have such knowledge from studying LAWS1700 Foundations of Law or earlier equivalents.ﾠ

Recommended prerequisites

We recommend completing the following courses before enrolling in this one:

LAWS1700

Incompatible

You can't enrol in this course if you've already completed the following:

LAWS1115

Restrictions

LLB(Hons) and LLB(Hons) duals

Course contact

Course staff

Timetable

The timetable for this course is available on the UQ Public Timetable.

Additional timetable information

The lecture will be held in person and recorded. Seminars are not routinely recorded as they are designed to be interactive and discursive.

Wednesday 14 August (Week 4) is the Ekka public holiday in Brisbane so there will be no classes on that day. Instead of the usual in-person lecture, the lecture will only be recorded that week. Students who ordinarily have their seminar on Wednesdays will need to attend a different seminar that week. For students unable to attend a different seminar, a recording will be made of one of the other seminars.

Aims and outcomes

Teaching Mission Statement

The mission of the UQ Law School is to educate students in and about the law.ﾠWe seek to assist you to think critically about the law.

Course Aims

The course aims to give students an introductory understanding of the major principles and institutions underlying Australian public law.ﾠIt does this by examining:

• Theoretical debates on fundamental public law ideas and principles.
• The history of Australia's constitutional arrangements and federal system of government.
• The structure, composition and functions of the main governmental institutions - parliament, the executive and the judiciary -ﾠwith a focus on the Commonwealth (national) level.
• Legal protections of human rights.
• Processes of constitutional change.ﾠ

Learning outcomes

After successfully completing this course you should be able to:

Assessment

Assessment summary

Assessment details

Mid-Semester Assignment

• Online

Mode

Written

Category

Essay/ Critique

Weight

40%

Due date

9/09/2024 2:00 pm

Learning outcomes

L01, L02, L04

Task description

Submission guidelines

The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

End-of-semester Examination

• In-person

Mode

Written

Category

Examination

Weight

60%

Due date

End of Semester Exam Period

2/11/2024 - 16/11/2024

Learning outcomes

L01, L02, L03, L04

Task description

Exam details

Submission guidelines

Deferral or extension

You may be able to defer this exam.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Supplementary assessment

Supplementary assessment is available for this course.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Find the required and recommended resources for this course on the UQ Library website.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

• Student Code of Conduct Policy
• Student Integrity and Misconduct Policy and Procedure
• Assessment Procedure
• Examinations Procedure
• Reasonable Adjustments - Students Policy and Procedure

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course:

• Law School Announcements and Policies