The following provides an overview of Assessment 2.
Overview
The following provides an overview of Assessment 2.
Details
Type Method Weighting Due date Length/time
Essay Individual 40% Week 4, 31/07/22,Sunday 23:59 AEST 2000 words +/- 10%
Outcomes
Unit learning outcomes alignment Graduate learning outcomes alignment
ULO 1: Analyse and explain Australia's adherence to fundamental constitutional principles including federalism, the rule of law, separation of powers, representative and responsible government and assess competing theories of constitutional interpretation.
ULO 2: Critique the social and historical context of Australian constitutional law, including the relationship between Aboriginal and Torres Strait Islander Peoples and the Australian constitutions.
ULO 4: Critically evaluate the role of constitutional law in shaping the social and political landscape, including constitutional reform and the protection of rights and freedoms. 1.3: Use creativity, critical thinking, analysis and research skills to solve theoretical and real world problems
1.5: Display initiative and drive, and use their organisational skills to plan and manage their workload
2.3: understand issues in their profession from the perspective of other cultures;
2.4: communicate effectively in diverse cultural and social settings;
4.1: Use local Indigenous histories and traditional ecological knowledge to develop and augment understanding of their discipline
4.2: communicate and engage with Indigenous Australians in ethical and culturally respectful ways;
4.3: apply their knowledge to working with Indigenous Australians in socially just ways.
Instructions
To what extent is the Australian Constitution compatible with notions of public law pluralism?
Please answer this question with reference to the following:
Federalism;
Citizenship (andLove v Commonwealth; Thoms v Commonwealth[2020] HCA 3); and
Constitutional Reform and the Uluru Statement from the Heart.
For your research, please refer to the following:
Love v Commonwealth; Thoms v Commonwealth[2020] HCA 3;
Megan Davis, Constitutional recognition: two decades on,AUSPUBLAW(1 March 2021);
Dani Larkin and Kate Galloway, 'Uluru statement from the heart: Australian public law pluralism' (2018) 30(2)Bond Law Review1-11; and
Dylan Lino, Towards IndigenousSettler Federalism (2017) 28 Public Law Review 118 -https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2979187(Links to an external site.)When structuring your essay, please consider the following criteria:
Introduction should include basic background information, briefly state the papers argument, set out the structure of essay, and foreshadow the conclusion;
Conclusion should summarise the argument and body of essay;
Paragraphs should be structured around one main idea (often set out in the initial topic sentence);
Paper should include appropriate signposts such as headings and the use of words such as first, second, third, in summary, in conclusion, in contrast, despite, additionally;
The paper should clearly transition between sections (through the use of signposts and a logical structure of ideas); and
Quotations should be integrated into text and not be excessively long.
Click on the tabs below to read some essay writing tips.
Accessible Interactive Instructions:Use the arrow keys to navigate between tabs. After selecting a tab, use the Tab key to move to the tab content.
Make an argument
Don't forget to consider counter-arguments
Focus on the structure of your paper
To improve the clarity of your writing
Referencing
When you are writing your essay, keep in mind the importance of taking a position (i.e. an argument or thesis)andsetting out your position in the introduction to your paper, along with a succinct description of how you intend to structure your paper in order to set out your argument. This advice is well summarised in this blog post, 'Writing a Law essay? Remember to argue!'(Links to an external site.).Marking Rubric 11437 A2 rubric
11437 A2 rubric
Criteria Ratings Pts
This criterion is linked to a learning outcomeArguments: Relevant arguments and conclusion are drawn and are supported by premises 25to >21.25Pts
High distinction
Paper makes relevant and sophisticated arguments and draws conclusions that are all supported by clearly stated premises. The links between the arguments and the conclusion are evident and logical, and demonstrate a deep understanding of the subject matter. 21.25to >18.75Pts
Distinction
Paper makes relevant arguments and draws conclusions that are all supported by clearly stated premises. The links between the arguments and the conclusion are evident and logical, and demonstrate a good understanding of the subject matter. 18.75to >16.25Pts
Credit
Paper makes relevant arguments and draws conclusions that are all supported by premises. The links between the arguments and the conclusion are evident. 16.25to >12.5Pts
Pass
Paper makes relevant arguments and draws conclusions that are supported by premises. 12.5to >0Pts
Fail
Paper does not makes relevant arguments and/or draws conclusions that are not supported by premises.
25pts
This criterion is linked to a learning outcomeCritique: Critique of material; counterarguments addressed 15to >12.75Pts
High distinction
Paper contains a detailed, thoughtful and critical engagement with relevant scholarly material to provide context and counter-arguments. 12.75to >11.25Pts
Distinction
Paper contains a detailed and critical engagement with relevant scholarly materials to provide context and/or counter-arguments. 11.25to >9.75Pts
Credit
Paper contains a thoughtful engagement with relevant scholarly material to provide context and/or counter-arguments. 9.75to >7.5Pts
Pass
Paper contains an engagement with scholarly material to provide context and/or counter-arguments. 7.5to >0Pts
Fail
Paper contains no or inadequate engagement with scholarly material to provide context and/or counter-arguments.
15pts
This criterion is linked to a learning outcomeEvidence: Evidence for factual/legal claims 10to >8.5Pts
High distinction
All factual and legal claims are clearly substantiated by thoughtfully selected, authoritative evidence. 8.5to >7.5Pts
Distinction
All factual and legal claims are clearly substantiated by authoritative evidence. 7.5to >6.5Pts
Credit
Factual and legal claims are substantiated by reasonably authoritative evidence. 6.5to >5.0Pts
Pass
Factual and legal claims are mostly substantiated by evidence. 5to >0Pts
Fail
Factual and legal claims are not substantiated by evidence.
10pts
This criterion is linked to a learning outcomeResearch: Depth of research appropriate to question. Demonstrated familiarity with primary and secondary sources. 20to >17.0Pts
High distinction
Assignment is well-supported by thoughtfully selected, current and relevant scholarly research from within the discipline. Discussion also demonstrates engagement with the literature and understanding of the relevant scholarly debates. 17to >15.0Pts
Distinction
Assignment is well-supported by relevant scholarly research from within the discipline. Discussion also demonstrates engagement with the literature. 15to >13.0Pts
Credit
Assignment is supported by relevant scholarly research from within the discipline. 13to >10.0Pts
Pass
Assignment is supported by some scholarly research from within the discipline. 10to >0Pts
Fail
Assignment is not supported by scholarly research from within the discipline.
20pts
This criterion is linked to a learning outcomeStructure 10to >8.5Pts
High distinction
Paper is exceptionally well structured (in accordance with the criteria set out in the instructions) 8.5to >7.5Pts
Distinction
Paper is well structured (in accordance with the criteria set out in the instructions) 7.5to >6.5Pts
Credit
Paper is reasonably well structured (in accordance with the criteria set out in the instructions) 6.5to >5.0Pts
Pass
Structure could be improved but paper is reasonably well set out. 5to >0Pts
Fail
Paper is poorly structured in such a way as to affect coherence.
10pts
This criterion is linked to a learning outcomeStyle: correct syntax, grammar and spelling; succinct, plain English 15to >12.75Pts
High distinction
Paper is exceptionally well written. It is clear and contains no errors of spelling, grammar or punctuation. 12.75to >11.25Pts
Distinction
Paper is very well written. It is clear and contains very few errors of spelling, grammar or punctuation. 11.25to >9.75Pts
Credit
Paper is well written. It is reasonably clear, but contains some errors of spelling, grammar or punctuation. 9.75to >7.5Pts
Pass
Paper could be better written. It contains a number of errors of spelling, grammar and/or punctuation. 7.5to >0Pts
Fail
Paper is poorly written. It is difficult to understand, and contains a pattern of poor spelling, grammar and/or punctuation.
15pts
This criterion is linked to a learning outcomeCitation: provided where appropriate and AGLC4 compliant 5to >4.25Pts
High distinction
Referencing complies perfectly with AGLC4. 4.25to >4.0Pts
Distinction
Referencing complies with AGLC4. 4to >3.25Pts
Credit
Referencing mostly complies with AGLC4. 3.25to >2.5Pts
Pass
AGLC4 compliance could be improved. 2.5to >0Pts
Fail
Does not comply with AGLC4.
5pts
Total points:100
