This course will introduce students to the core concepts, rules and procedures of public law, namely the legal system that governs relationships between the state on the one hand and individuals on the other as well as the interactions between different branches and levels of government.

Traversing traditional divides, this course will examine together the basics of constitutional and administrative law with a view to drawing out both their similarities and differences. Students will focus on Australian public law as a unique system that combines elements of both the UK and the US systems of government (often referred to as ‘Washminster’). Students will examine the interactions between different levels of government (federal, state, territory) and different branches of government (legislative, executive, judicial) with a view to understanding the evolution and dynamic character of these relations.

To do so, Australian public law will be contextualised both in relation to competing philosophies that animate or seek to explain public law (liberalism, egalitarianism, feminism etc) and in relation to the changing structure of Australian political economy.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Synthesise, apply and communicate the basic concepts and terminology of Australian public law.
2. Recognise and appraise the sources of Australian public law and their interactions.
3. Evaluate the processes by which public law was formed in Australia and its evolving role in relation to Australian society, economy and culture.
4. Critically analyse the position of Indigenous peoples within Australia’s Constitution.
5. Evaluate the relevance of public law to current political and social developments in Australia.
6. Critically analyse and reflect on layered public law problems in order to develop and communicate creative, practical and theoretically-informed solutions.

Research-Led Teaching

This course provides students with the opportunity to confront key questions of public law, and encourages and requires students to formulate their own view on those questions through careful primary-source and secondary-source research. Moeen Cheema is an active researcher in the fields of public law and comparative constitutional law.

Required Resources

Australian Public Law 4th Edition (OUP 2023) by Gabrielle Appleby, Megan Davis, Dylan Lino, Alexander Reilly. This textbook will be helpful for this course and is available as an e-book from OUP online.

If students would prefer not to purchase the textbook, however, I aim to provide additional materials online, under each week's heading on Canvas, to guide independent reading.

Recommended Resources

A major focus of this course is working on skills of legal argument and writing. As such many students each year find helpful Level Up Your Essays: How to get better grades at university by Dr Inger Mewburn, Katherine Firth, and Shaun Lehmann (NewSouth, March 2021, 160pp). This book is particularly valuable if your previous studies were in a subject matter that did not involve extended writing, or if it has been some time since you did extended writing, or if your previous studies were outside of Australia.

Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

Staff Feedback

Text can be specific for individual courses.

A generic entry can read as follows:

Students will be given feedback in the following forms in this course:

• written comments

• verbal comments

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course is available from the course Canvas page. Students are required to access the Canvas site regularly throughout the course for any announcements relating to the course.

 

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU Law School Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to Public Law	This is a postgraduate law course; there is weekly reading of materials expected. 3-hour seminar
2	Histories of Public Law
3	Federalism
4	Separation of Powers
5	Rule of Law
6	Human Rights
7	Judicial Reviw: Strong-Form
8	Judicial Review: Weak-Form
9	Comparative Constitutional Law
10	Constitutionalism in the Global South
11	Judicialization of Governance
12	Emergency Powers and Fourth Branch Institutions	3-hour seminar including Third Hour this week wrapping up course and preparing for final assessment

Tutorial Registration

This course is run in a weekly 3-hour seminar. There are no 'tutorials' and nothing to register for. ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. MyTimetable (MyTT) tutorial allocations are done on a first-come, first-served basis. If you hold a current EAP stating that you require priority selection, you will need to contact the College Student and Education Support team before MyTT opens.

If you are unable to secure a spot in your preferred timeslot, we recommend enrolling in another tutorial and joining the waitlist (indicated by a heart). If spots become available, they are automatically chronologically allocated to those on the waitlist.

Please note that work commitments will not be considered as a reason for requesting a change to your allocation/s. It is expected that students make themselves available on weekdays for tutorials and seminars. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Learning Outcomes
Article Review	20 %	*	1,2,3
Presentation	10 %	*	1,2,3,5
Research Essay	70 %	06/11/2025	1,2,3,4,5,6

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Canvas’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

Examinations are held during the University's examination period. Students are to consult the exam timetable when it has been finalised.

Assessment Task 1

Article Review

Details of task: There is a short written assignment with a word limit of 1,500 words, inclusive of footnotes in AGLC format. There is no bibliography. Students will choose a single article from the reading list from Week 3 onwards of the course. Students must write a critique of the article consisting of the following 3 elements:

1.  Summarise the article’s argument
2.  Explain the value of the article for practitioners
3.  Explain problems practitioners may encounter in applying the article in practice

The article review will be due by 5pm on the day of the class for which the article is prescribed as the reading.

Weighting: 20%.

Due Date: Weekly as per the above. Due to the nature of the task, late submissions or extensions are not permitted.

Estimated Return Date: Every effort will be made to have results available within 2 weeks of the submission.

Assessment Criteria:

Your critical review will be assessed against the following criteria:

(a) Understanding of the issues

Concise summary of key points that the articles make.

(b) Communication and development of argument

Clear, logical and well-ordered argument that is drawn from, and builds upon, the prescribed reading and your reflections.

(c) Analysis

Demonstration of critical analytical skills in evaluation of the arguments;

Situation of your review within the broader literature;

Engaging with the larger themes addressed in the course.

Assessment Task 2

Presentation

Details of task: Students must present their article review in a verbal presentation (15 minutes maximum) to the class. The verbal presentation will occur on the date given for the chosen article in the reading list.

Note: The choice of article must be discussed with the Course Convenor in advance.

Weighting: 10%.

Due Date: Weekly as per the above. Due to the nature of the task, no late submissions or extensions are permitted. If you are unable to present on the day due to extenuating circumstances and have documentation, please contact your convenor.

Extenuating circumstances that may warrant approval may include, but are not limited to:

- medical reasons (student injury, illness or medical condition, including COVID illness or isolation);

- family/personal reasons (family injury or illness, bereavement);

- cultural or religious commitments; where a cultural or religious event conflicts with the scheduled tutorial.

Please note that approval will not be given for work related reasons.

Estimated Return Date: Every effort will be made to have results available within 2 weeks of the submission.

Assessment Criteria:

Your presentation will be assessed against the following criteria:

(a) Understanding of the issues

(b) Structure and development of argument

(c) Analysis

(d) Communication and Presentation skills

Assessment Task 3

Research Essay

Details of Task: The essay offers students an opportunity to engage in further research, analysis and critique on a topic covered in this course, thereby contributing to the course’s learning outcomes. Students will be allowed to choose a topic of interest to them. Students will be expected to undertake independent research, using appropriate primary sources and secondary sources. The goal will be for students to formulate a clear argument, embedded with relevant and authoritative legal sources, that provides a clear answer to their chosen topic.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 70%

Release Date: Topics must be discussed with the Course Convenor, and a written outline approved by 17 October 2025.

Word Limit: 4,200 words. The ANU School of Law excess word penalty policy can be found here.

Submission Requirement: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. Footnotes should be used for the referencing of all sources.

Due Date: 5 pm, Thursday 6 November 2025 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. Please be aware that if you are in your final course(s), any late submissions may delay your conferral date.

Estimated Return Date: Official end of semester results release date.

Other Requirements: In undertaking the writing exercises, students must comply with the principles of academic integrity / academic honesty.

Assessment criteria:

(a) Understanding of the issues

The choice of the research topic or question, having regard to difficulty, originality and relevance to the course.

(b) Communication and development of argument

The quality and coherence of the arguments made;

The degree of complexity and insight demonstrated in dealing with the issues related to the research topic;

Extent to which competing arguments are considered and addressed;

Use of case studies or examples to explore the key issues.

(c) Research

Evidence of literature review to identify key points of debate or contention among authors in the field;

The breadth and/or depth of research, and the choice of materials and sources;

Critical analysis of material, rather than simply summarising or extensively quoting material.

(d) Presentation, style and referencing

The clarity of the structure and the organisation of the paper;

Appropriate referencing.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.

• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.

• Late submission is not accepted for tests or examinations.

• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

A resubmission refers to the act of re-uploading a submission for an assessment task after an initial submission has already been made. This typically occurs when a student realises they have submitted an incorrect or incomplete document and wishes to upload the correct version.

Resubmissions are permitted up to the due date and time without penalty. After this point, any resubmissions will incur the relevant late penalty with no exceptions.

If you need to request that your original submission, be deleted in order to resubmit, please email enquiries.law@anu.edu.au. Do not contact your course convenor directly regarding this matter.

Please note: If a task states that no late submissions are permitted, then resubmissions will not be accepted under any circumstances after the due date and time.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Accessibility for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students