Course coordinator
Dr David Kearns
Course overview
- Study period
- Semester 1, 2025 (24/02/2025 - 21/06/2025)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Humanities, Arts and Social Sciences
The rule of law underpins Western conceptions of law and governance. According to this principle, government institutions are both constituted and constrained by law. From ancient roots, the rule of law has developed alongside other fundamental principles such as constitutionalism and the separation of powers, to become a cornerstone principle of just governance and a benchmark by which societies may be measured. But the nature of the rule of law is abstract, contested and dynamic. Centred around the reading of key texts, this course examines the evolution, conceptualisation and influence of the rule of law, from its role in the formation of the Western legal tradition to its global force and ubiquity today.
The course is divided into two sections. Weeks 1-9 focus on the canonisation of English legal history as the birthplace of the rule of law, looking at the historical development of ideas associated with the rule of law, including judicial independence and the subordination of the king to law. Weeks 10-12 look at challenges to the rule of law, including the potential tension between democracy and judicial independence, and arguments for the irrelevance of law when faced with higher norms of morality or security.
Course requirements
Prerequisites
You'll need to complete the following courses before enrolling in this one:
WCIV1000 or 4 units of HUMN courses.
Restrictions
BAdvHum(Hons) and BHum/LLB(Hons) students only. BAdvHum(Hons) students taking this course as an elective please email westernciv@uq.edu.au.The maximum enrolment quota is 40.
Course contact
Lecturer
Dr David Kearns
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
The overarching aim of this course is to equip students with a rigorous understanding of the history of the rule of law and the contemporary contours of debate over it. To this end,ﾠ the course is intended to equip students to:
- Understand the different facets of the rule of law in their historical context
- Examine the relationship between the rule of law and theories of government
- Understand the role of law and the rule of law over time
- Understand debate over the law and the rule of law in contemporary Australia
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Understand and intervene in conceptual contest over the rule of law.
LO2.
Understand key episodes of legal contest in the history of the rule of law.
LO3.
Understand the role of the rule of law in the context of Western societies over time.
LO4.
Understand and critically evaluate key schools of thought regarding the rule of law.
LO5.
Appreciate and critically evaluate the relationship between the rule of law and other principles.
LO6.
Appreciate and critically evaluate the practical legal and political implications of the rule of law.
LO7.
Demonstrate analytical reasoning and scholarly research skills in applying this knowledge to debates regarding the rule of law.
LO8.
Demonstrate ability to communicate clearly and persuasively about the rule of law in written and spoken form.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Participation/ Student contribution | Seminar Participation | 10% | |
| Essay/ Critique | Research essay | 40% |
2/05/2025 2:00 pm |
| Performance, Practical/ Demonstration | Oral Assessment | 30% |
25/05/2025 - 30/05/2025 |
| Notebook/ Logbook | Seminar preparation | 20% |
Assessment details
Seminar Participation
- Mode
- Activity/ Performance
- Category
- Participation/ Student contribution
- Weight
- 10%
- Learning outcomes
- L01, L02, L03, L04, L05, L06, L07, L08
Task description
Seminar participation is assessed entirely on the basis of active participation in seminars that demonstrates close attention to the set texts. No marks are awarded merely for seminar attendance, but 5 marks (out of 100) will be deducted from the overall participation grade for each seminar missed without cause.
This assessment task evaluates students’ 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.
Submission guidelines
Deferral or extension
You cannot defer or apply for an extension for this assessment.
Research essay
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 40%
- Due date
2/05/2025 2:00 pm
- Learning outcomes
- L01, L02, L04, L07, L08
Task description
Students are required to submit a research essay based on a selected essay question. Further details about this task will be posted on the course Blackboard site.
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.
Submission guidelines
Deferral or extension
You may be able to apply for an extension.
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.
Oral Assessment
- Mode
- Oral
- Category
- Performance, Practical/ Demonstration
- Weight
- 30%
- Due date
25/05/2025 - 30/05/2025
- Learning outcomes
- L01, L02, L03, L04, L05, L06, L07, L08
Task description
Students will be allocated an approximate time to meet with the coordinator (between 25 and 30 May). At the beginning of the oral assessment, the student will be asked a pre-circulated question that will require the student to consider 2 texts in conjunction. The student should speak in answer for 5-6 minutes (an alarm will sound at 5.45). Two follow-up questions will then be asked that will be intended to allow the student to amplify/clarify their answer (answers should be not exceed 2 minutes each). None of the questions will be intended to trick or intimidate, and your grade can only improve through the Q&A (i.e. your speech will set a floor and the final grade will then be higher or the same, not lower).
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Seminar preparation
- Mode
- Written
- Category
- Notebook/ Logbook
- Weight
- 20%
- Learning outcomes
- L01, L02, L03, L04, L07, L08
Task description
Students are required to submit a brief written analysis of the weekly set texts. This analysis must conform to the model laid out under the ‘Assessment’ tab on Blackboard. It is possible to be awarded a maximum of 10 marks per summary, and there are 12 seminars (excepting week 1). This means that the 10-best grades are chosen. This does not mean a student can only submit 10 summaries – 5 marks are deducted per missing summary.
Submission guidelines
Submitted via email to course coordinator prior to weekly seminar.
Deferral or extension
You cannot defer or apply for an extension for this assessment.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 24.99 |
Absence of evidence of achievement of course learning outcomes. Course grade description: Grade 1, Serious Fail (0-24.99%), is generally awarded in cases where there has been some engagement with the assessment task and/or some work has been submitted, but of wholly unsatisfactory standard or quantity. There is no demonstrated evidence of understanding of the concepts of the field of study or basic requirements of the course. |
| 2 (Fail) | 25 - 44.99 |
Minimal evidence of achievement of course learning outcomes. Course grade description: Grade 2, Fail (25-44.99%), is generally awarded to work that exhibits deficiencies in understanding and applying the fundamental concepts of the course and field of study, and as such, does not satisfy the basic requirements of the course. Often, one or more major items of assessment will not have been completed. |
| 3 (Marginal Fail) | 45 - 49.99 |
Demonstrated evidence of developing achievement of course learning outcomes Course grade description: Grade 3, Marginal Fail (45-49.99%), is generally awarded if a student has submitted work that attempts to meet the knowledge and skill requirements of the course, but is only able to demonstrate a superficial understanding of the fundamental concepts of the course and field of study. Students will usually have attempted all major pieces of assessment and show that they have an identifiable, emerging ability to apply basic knowledge and skills. |
| 4 (Pass) | 50 - 64.99 |
Demonstrated evidence of functional achievement of course learning outcomes. Course grade description: Grade 4, Pass (50-64.99%), is generally awarded where all major items of assessment have been submitted. An adequate knowledge of the fundamental concepts of the course and field of study should be demonstrated, and a functional skill level achieved. |
| 5 (Credit) | 65 - 74.99 |
Demonstrated evidence of proficient achievement of course learning outcomes. Course grade description: Grade 5, Credit (65-74.99%), is generally awarded where all items of assessment have been completed and a substantial understanding of the fundamental concepts of the course and field of study have been demonstrated.ﾠ |
| 6 (Distinction) | 75 - 84.99 |
Demonstrated evidence of advanced achievement of course learning outcomes. Course grade description: Grade 6, Distinction (75-84.99%), is generally awarded where all items of assessment have been completed and substantial knowledge of the deeper and more complex aspects of the course and field of study have been demonstrated.ﾠ |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. Course grade description: Grade 7, High Distinction (85-100%), is generally awarded where all items of assessment have been completed and there is evidence that the deeper and more complex aspects of the course and field of study have been mastered. |
Supplementary assessment
Supplementary assessment is available for this course.
Additional assessment information
Proof of Assessment Submission
Assignments for this course will be submitted electronically via Blackboard and using TurnItIn. Advice for using TurnItIn can be found here - how to submit a TurnItIn assignment.
When assessments are successfully submitted a notice will display, before the Assignment Dashboard will appear.
Students must download a digital receipt from the Assignment Dashboard as evidence of submitting a piece of assessment. The digital receipt must include ‘Submission date’ and ‘Submission ID’ as evidence of assignment submission. Other documentation provided as evidence will not be accepted.
Marks Cannot be Changed After Being Released
Marks are not open to negotiation with course staff. If you wish to discuss the feedback you have received, you should make an appointment to speak with the Course Coordinator.
Assessment Re-mark
Information on requesting an assessment re-mark can be accessed via my.UQ https://my.uq.edu.au/information-and-services/manage-my-program/academic-progress-and-final-results/querying-result.
Deferred Examinations (if applicable)
The University recognises that on occasion a medical condition or other exceptional circumstances may impair a studentﾒs ability to attend an examination at the scheduled date and time. Depending on the circumstances, a deferred examination may be approved, and the student permitted to sit the in-semester or end of semester examination at a later scheduled time. Information on eligibility and application instructions can be accessed via my.UQ https://my.uq.edu.au/information-and-services/manage-my-program/exams-and-assessment/deferring-exam.
Integrity Pledge
Assignments for this course will be submitted electronically via Blackboard and using Turnitin. Before submitting any assignments, students must ensure to have completed UQ's compulsory online Academic Integrity Tutorial https://www.uq.edu.au/integrity/Login.aspx?ReturnUrl=%252fintegrity.
In uploading an assignment via Turnitin you are certifying that it is your original work, that it has not been copied in whole or part from another person or source except where this is properly acknowledged, and that it has not in whole or part been previously submitted for assessment in any other course at this or any other university.
Withholding marks prior to finalisation of grades
In accordance with the Assessment Judgements section of the Assessment Procedures, results for all summative assessment items are made available to individual students through the eLearning Management System on completion of marking, with the exception of the final assessment item which is to be released only after the final grade for the course has been released.
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
Library resources are available 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 (24 Feb - 02 Mar) |
Lecture |
Introduction to WCIV2800 Learning outcomes: L01, L02, L03, L04, L05 |
Seminar |
The Rule of Law - A British Legacy Learning outcomes: L01, L02, L03, L04, L05, L08 |
|
Week 2 (03 Mar - 09 Mar) |
Lecture |
King within Law Learning outcomes: L01, L02, L03, L04, L05 |
Seminar |
King above Law Learning outcomes: L01, L02, L03, L04, L05, L08 |
|
Week 3 (10 Mar - 16 Mar) |
Lecture |
Democratic Law-Making Learning outcomes: L01, L02, L03, L04, L05 |
Seminar |
King within Law Learning outcomes: L01, L02, L03, L04, L05, L08 |
|
Week 4 (17 Mar - 23 Mar) |
Lecture |
The Unification of Law Learning outcomes: L01, L02, L03, L04, L05 |
Seminar |
Democratic Law-Making Learning outcomes: L01, L02, L03, L04, L05, L08 |
|
Week 5 (24 Mar - 30 Mar) |
Lecture |
Popular Sovereignty Learning outcomes: L01, L02, L03, L04, L05 |
Seminar |
The Unification of Law Learning outcomes: L01, L02, L03, L04, L05, L08 |
|
Week 6 (31 Mar - 06 Apr) |
Lecture |
Judicial Independence Learning outcomes: L01, L02, L03, L04, L05 |
Seminar |
Popular Sovereignty Learning outcomes: L01, L02, L03, L04, L05, L08 |
|
Week 7 (07 Apr - 13 Apr) |
Lecture |
The Supremacy of Law Learning outcomes: L01, L02, L03, L04, L05 |
Seminar |
Judicial Independence Learning outcomes: L01, L02, L03, L04, L05 |
|
Week 8 (14 Apr - 20 Apr) |
Lecture |
Canonisation of the English Rule of Law Learning outcomes: L01, L02, L03, L04, L05 |
Seminar |
The Supremacy of Law Learning outcomes: L01, L02, L03, L04, L05, L08 |
|
Week 9 (28 Apr - 04 May) |
Lecture |
Judicial Independence vs Democracy Learning outcomes: L01, L02, L03, L04, L05, L06 |
Seminar |
Canonisation of the English Rule of Law Learning outcomes: L01, L02, L03, L04, L05, L08 |
|
Week 10 (05 May - 11 May) |
Lecture |
Pluralism Learning outcomes: L01, L02, L03, L04, L05, L06 |
Seminar |
Judicial Independence vs Democracy Learning outcomes: L01, L02, L03, L04, L05, L06, L08 |
|
Week 11 (12 May - 18 May) |
Lecture |
Subordination of Law Learning outcomes: L01, L02, L03, L04, L05, L06 |
Seminar |
Pluralism Learning outcomes: L01, L02, L03, L04, L05, L06, L08 |
|
Week 12 (19 May - 25 May) |
Lecture |
Does Australia have the Rule of Law? Learning outcomes: L01, L02, L03, L04, L05, L06 |
Seminar |
Subordination of Law Learning outcomes: L01, L02, L03, L04, L05, L06, L08 |
|
Week 13 (26 May - 01 Jun) |
Lecture |
WCIV2800 Recap Learning outcomes: L01, L02, L03, L04, L05 |
Seminar |
Does Australia have the Rule of Law? Learning outcomes: L01, L02, L03, L04, L05, L06, L07, L08 |
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.