Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Postgraduate Coursework
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
The course will deepen student understanding of the application and purposes of public law with particular analysis of criminal law and procedure, constitutional law, and administrative law.
The course aims to provide an overview of public law to non-law graduates and law graduates from a civil law background. It also aims to highlight some of the features of public law that make Australia unique. Public law centres on the relationship between government and individuals and between government institutionsﾠthemselves. The course examines the key features of public law including:
- constitutional law (including the central provisions of the Australian and Queensland constitutions, federalism, the separation of powers, parliamentary sovereignty, executive and executive accountability, and democracy andﾠrepresentative government);
- administrative law (including its theoretical basis, the differences betweenﾠmerits and judicial review, and accountability through legislative initiatives such as freedom of information and ombudsmen); and
- criminal law and procedure (including the general principles underlying the Queensland Criminal Code, the classification of offences andﾠdefences, and criminal procedure from arrest right through to trial (and possible appeal).
Course requirements
Assumed background
Students should have successfully completed LAWS7000 Introduction to the Legal Systemﾠor its equivalent, or be concurrently enrolled in LAWS7936.
Companion or co-requisite courses
You'll need to complete the following courses at the same time:
LAWS7936
Restrictions
LLM(16), LLM(24), MICLaw(16), MICLaw(24) and MICLaw/MCom
Course contact
Course staff
Lecturer
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Courses Aims
The course aims to provide a critical insight into the fundamental law relating to public power.ﾠﾠIn particular, it:
- provides a critical assessment of major constitutional features in Australia and Queensland including federalism, the separation of powers, responsible government, representative government and elections;
- reviews the nature ofﾠexecutive power and its constraints, with a specific emphasis on Queensland institutions;
- introduces students to the criminal justice system in Australia and outlines the general principles underlying criminal law through the examination of criminal responsibility, offences and defences, and criminal procedure; and
- provides an introduction to key aspects of administrative law including its theoretical basis, the differences between merits and judicial review, and the operation of accountability mechanisms such as freedom of information and ombudsmen.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Identify and articulate the fundamental principles underlying Australian public law as they relate to Australia's system of government;
LO2.
Understand the nature of executive power and critically examine the means by which executive accountability is promoted;
LO3.
Critically analyse and apply public law principles to problem-based and/or essay-styled questions;
LO4.
Analyse the objectives, strengths and weaknesses of the various avenues by which government decision-making can be challenged;
LO5.
Apply knowledge and understanding of offences and criminal responsibility to current criminal law problems and issues; and
LO6.
Make an informed opinion on proposed law reforms/developments and articulate the extent to which such proposals depart or accord with existing public law principles.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Paper/ Report/ Annotation |
Research Proposal
|
10% |
16/08/2024 2:00 pm |
| Essay/ Critique |
Research Essay
|
45% |
20/09/2024 2:00 pm |
| Essay/ Critique |
Take Home Assessment
|
45% |
5/11/2024 2:00 pm |
Assessment details
Research Proposal
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 10%
- Due date
16/08/2024 2:00 pm
- Learning outcomes
- L01, L03
Task description
The research proposal is designed to assist students to prepare their research essay and for the lecturer to provide feedback and guidance to students. The topic of the research proposal (and research essay) must concern an aspect of Australian constitutional law. It is recommended that students select one of the suggested research topics which will be released to students in week 1.
This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy.
Students should number all pages of their research proposal and include their student ID number in the header of each page. Students must indicate at the beginning of their essay the accurate word count for their submission. e.g. "The word count for my submission is 994 words, excluding footnotes."
The word limit for the research proposal is 1,200 words, and any material beyond this limit will not be read i.e. there is no "±10% rule." By way of clarification, this 1,200 word limit:
- includes headings;
- does not include text in the header or description of your word count;
- does not include footnotes. (However footnotes should be used for citation purposes only. Any substantive text that appears in a footnote will not be read and will not contribute to your mark);
- does not include the preliminary bibliography (the list of sources collected to date).
For style and referencing, students should refer to the Australian Guide to Legal Citation (4th ed).
Submission guidelines
Research proposals must be submitted electronically in Word via the online assessment submission link on the course's Learn.UQ (Blackboard) site by the due date and time.
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%.
Research Essay
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 45%
- Due date
20/09/2024 2:00 pm
- Learning outcomes
- L01, L03, L06
Task description
Students should number all pages of their assignment and include their student ID number in the header of each page. Students must indicate at the beginning of their essay the accurate word count for their submission. e.g. "The word count for my submission is 2,993 words, excluding footnotes."
The word limit for the assignment is 3,000 words, and any material beyond this will not be read i.e. there is no "±10% rule." By way of clarification, this 3,000 word limit:
- includes headings;
- does not include text in the header or description of your word count; and
- does not include footnotes. (However footnotes should be used for citation purposes only. Any substantive text that appears in a footnote will not be read and will not contribute to your mark).
For style and referencing, students should refer to the Australian Guide to Legal Citation (4th ed).
This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy.
Submission guidelines
Research Essay must be submitted electronically in Word via the online assessment submission link on the course's Learn.UQ (Blackboard) site by the due date and time.
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%.
Take Home Assessment
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 45%
- Due date
5/11/2024 2:00 pm
- Learning outcomes
- L01, L03, L04, L05, L06
Task description
The final assessment is a 'Take Home Assessment'. The format of the paper will be discussed with students towards the end of the course.
The assessment will be released on Learn.UQ (Blackboard) at 8.00 a.m. on Saturday 2 November 2024.
Students should number all pages of their response and include their student ID number in the header of each page. Students must indicate at the beginning of their response the accurate word count for their submission e.g. "The word count for my submission is 2,593 words, excluding footnotes."
The word limit for the assessment will be communicated when the assessment is released. However, any material that exceeds the announced word limit will not be read. i.e. there is no "±10% rule". By way of clarification, the word count:
- includes headings;
- does not include text in the header or the description of your word count; and
- does not include footnotes. (However footnotes should be used for citation purposes only. Any substantive text that appears in a footnote will not be read and will not contribute to your mark).
Regarding referencing, students do not need to comply with the Australian Guide to Legal Citation. It is sufficient for students to refer to the relevant source (legislation, case name or secondary source) in the text of their response.
Individual work:
The Take Home Assessment must be the individual student’s own work. In between the release date and the due date and time, a student is not to consult with any other person in relation to the questions on the assessment. Students may consult with the Course Co-ordinator if clarification of any question is thought necessary. The Course Co-ordinator may circulate clarifications to the entire class if necessary or appropriate.
This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy.
Submission guidelines
Assessment responses must be submitted electronically in both Word format via the online assessment submission link on the course's Learn.UQ (Blackboard) site by the due date and time.
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%.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Additional assessment information
All assessment is to be electronically submitted via Turnitin on Learn.UQ (Blackboard).
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.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Week 1 (22 Jul - 28 Jul) |
Seminar |
No Public law seminar |
Week 2 (29 Jul - 04 Aug) |
Seminar |
Week 2 Introduction to Course (Expectations/Overview); Constitutional Law (I) - Australian and Queensland Constitutions - Basic institutions Learning outcomes: L01 |
Week 3 (05 Aug - 11 Aug) |
Seminar |
Week 3 Constitutional Law (II) - Australian Federalism and Federal Fiscal Relations Learning outcomes: L01 |
Week 4 (12 Aug - 18 Aug) |
Seminar |
Week 4 Constitutional Law (III) - The Judiciary and the Separation of Powers Learning outcomes: L01 |
Week 5 (19 Aug - 25 Aug) |
Seminar |
Week 5 Constitutional Law (IV) - Legislative Power and Parliamentary Process Learning outcomes: L01 |
Week 6 (26 Aug - 01 Sep) |
Seminar |
Week 6 Constitutional Law (V) - The Executive and Executive Accountability Learning outcomes: L01, L02, L06 |
Week 7 (02 Sep - 08 Sep) |
Seminar |
Week 7 Constitutional Law (VI) - Democracy and Representative Government Learning outcomes: L01, L06 |
Week 8 (09 Sep - 15 Sep) |
Seminar |
Week 8 Criminal Law (I) - General Principles Learning outcomes: L05 |
Week 9 (16 Sep - 22 Sep) |
Seminar |
Week 9 Criminal Law (II) - Offences and Defences Learning outcomes: L05 |
Mid Sem break (23 Sep - 29 Sep) |
Seminar |
No Public law seminar |
Week 10 (30 Sep - 06 Oct) |
Seminar |
Week 10 Criminal Law (III) - Criminal Procedure Learning outcomes: L01, L05 |
Week 11 (07 Oct - 13 Oct) |
Seminar |
Week 11 Administrative Law (I) - Theoretical basis, role and scope Learning outcomes: L01, L02, L04 |
Week 12 (14 Oct - 20 Oct) |
Seminar |
Week 12 Administrative Law (II) - Courts/Tribunals - Merits and Judicial Review Learning outcomes: L01, L02, L04 |
Week 13 (21 Oct - 27 Oct) |
Seminar |
Week 13 Administrative Law (III) - FOI/Ombudsmen - Accountability through legislative initiatives Learning outcomes: L02, L04 |
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: