LAW5211 Constitutional Law Essay

LAW5211 Constitutional Law Essay


Assessment # 1

Assessment Name and description:Constitutional Law Essay
Assessment purpose/scope and relevance:   The purpose of this assessment is to:    assess students’ ability to research issues of constitutional law; assess students’ ability to analyse and apply the results of that research to resolve issues of constitutional law; and assess students’ ability to write an essay that is professionally appropriate in clarity, tone, structure, referencing, and compliance with word limitations. 
Course Objectives Assessed:   Explain the structure and purpose of the Commonwealth Constitution;appreciate the division of areas of responsibility between the Federal and State Governments;explain restrictions in the Commonwealth Constitution on the ability of the Federal and State Governments to pass laws;apply general policies underlying Constitutional law in Australia in order to evaluate those laws, in particular for the topics considered in this course;research primary and secondary materials (as relevant) while critically reviewing an issue in law relevant to the topics considered in this course;explain the legal principles relevant to the topics considered in this course;apply such legal principles to given fact situations in order to determine the likely outcome to issues raised;demonstrate effective, appropriate and persuasive communication skills.
Marks and Weighting:           50 marks, 50%
Word Length3500 Words
Due Date:13 April 2022
Submission Requirements:All assignments must be submitted must be word documents. (.doc or .docx) No other file types will be accepted. Appropriate fonts must be used (if in doubt use Times New Roman). Font sizing should be 12pt for body text, 10pt for footnotes and blockquotes, no larger than 16pt for headings. There is no need to include the marking criteria sheet in your submission.  There is no need to include a coversheet or title page, please note your name, student no and wordcount at the top of the first page.Submit via the submission link on the Assessment Tab on the course StudyDesk.  Turnitin has been enabled so that students can check for similarity matching prior to the due date and make amendments to ensure appropriate referencing and academic integrity.
Referencing Requirements:Students enrolled in the Bachelor of Law, Juris Doctor or another law program must use the Australian Guide to Legal Citation (AGLC) 4th edition style for referencing in law course assignments. Students who are studying a law course, but are not enrolled in the Bachelor of Law or Juris Doctor (or other law program), may opt to use either AGLC or Harvard AGPS in law course assignments.Students enrolled in Criminology courses and programs must use APA referencing.  
Academic Integrity and Assessment PolicyAll students are required to access the USQ assessment policy and adhere to Student Academic integrity Policy detail about Academic Integrity and Referencing in the School of Law and Justice can be found on the USQ Law Hub page ‘Referencing & Academic Integrity’. The USQ Assessment Procedure contains details about how to apply for an extension of time. These will only be considered if received in accordance with the procedure.
Assessment Rubric   

This assignment is worth 50% (50/100) of the marks for this course, with Research constituting 15/40 marks, Analysis constituting 20/40 marks, and Style constituting 15/40 marks. 

RESEARCH (15/50)

HD (13-15/15)

  • Thorough incorporation of several relevant resources, including (where appropriate), constitutional provisions, caselaw, secondary sources (journal articles & books), legislation, etc., for each aspect of the assignment
  • Research is current and jurisdictionally appropriate

A  (11-12/15)

  • Thorough incorporation of many relevant resources for each aspect of the assignment, with one or two minor omissions
  • Research is mostly current and jurisdictionally appropriate

B  (9-10/15)

  • Incorporation of some relevant resources for most aspects of the assignment, with one or two substantial omissions
  • Displays some understanding of difference between binding and persuasive materials, and accords weight to each somewhat appropriately
  • Research is somewhat irrelevant or inapplicable

C  (8/15)

  • Incorporation of only a few relevant resources for only some aspects of the assignment, with major omissions
  • Displays little understanding of difference between binding and persuasive materials, or weights them inappropriately
  • Research is often irrelevant, inapplicable, or displays major mistakes in understanding of assignment

Refer/Fail (0-7/15)

  • Little or no incorporation of outside research, major omissions on multiple aspects of the assignment
  • Research is largely or wholly irrelevant, inapplicable, or displays major mistakes in understanding of assignment
  • Evidence of plagiarism, cheating, collusion, or other misconduct  (Refer)

ANALYSIS (20/40)

HD (17-20/20)

  • Excellent application of legal doctrine to resolve every issue raised in the assignment
  • Displays excellent appreciation of legal and practical implications of approach taken
  • Cogently discusses counter-arguments and weaknesses in approach taken
  • Displays excellent understanding of difference between binding and persuasive materials, and accords weight to each appropriately

A (15-16/20)

  • Good application of legal doctrine to resolve every issue raised in the assignment, with one or two areas that need to show slightly greater depth or more robust argument
  • Displays good appreciation of legal and practical implications of approach taken, with minor displays of naivety or insufficiently supported arguments
  • Acknowledges counter-arguments and weaknesses, and some attempt to discuss them
  • Displays good understanding of difference between binding and persuasive materials, and accords weight to each appropriately

B (13-14/20)

  • Average application of legal doctrine to resolve most of the issues raised in the assignment, with a major oversight or misunderstanding
  • Displays some appreciation of legal and practical implications of approach taken, with some arguments that are insufficiently supported or unsound
  • Little appreciation of counter-arguments and weaknesses in position taken
  • Displays limited understanding of difference between binding and persuasive materials or weights them inappropriately

C (10-12/20)

  • Mediocre application of legal doctrine to resolve most of the issues raised in the assignment, but analysis is somewhat superficial, limited, or displays multiple mistakes
  • Displays little appreciation of legal and practical implications of approach taken, with multiple arguments that are poorly supported or unsound
  • No appreciation of counter-arguments and weakness in position taken
  • Poor understanding and weighting of difference between binding and persuasive materials

Refer/Fail (0-9/20)

  • Failure to understand nature of the assignment or failure to provide answers to the issues it raises
  • Analysis is largely superficial, unsupported, or displays major mistakes in use of legal doctrine
  • Analysis is irrelevant or shows inability to understand sources of legal authority
  • Evidence of plagiarism, cheating, collusion, or other misconduct (Refer)

STYLE (15/50)

HD (13-15/15)

  • Writing is clear, professional, and concise
  • Paper is effectively structured in a logical manner
  • Paper is thoroughly referenced and displays excellent conformity with AGLC
  • Paper complies with word count maximum (2500 for LL.B., 3500 for J.D.)

A  (11-12/15)

  • Writing is mostly clear, professional, and concise, with occasional confusing passages or proofreading mistakes
  • Paper is structured fairly well, with occasional digressions
  • Paper is well-referenced and displays good conformity with AGLC, with occasional minor mistakes
  • Paper is within 5% of word count maximum

B (9-10/15)

  • Writing is readable and mostly professional, with some lapses in tone, multiple confusing passages, or multiple minor proofreading mistakes
  • Paper displays some broad structure, but could be substantially improved with subheadings, better transitions, or fewer digressions
  • Paper is satisfactorily referenced and displays rough adherence to AGLC
  • Paper is within 10% of word count maximum

C (8/15)               

  • Writing is often confusing, ungrammatical, poorly proofread, or otherwise hard to follow and unprofessional
  • Paper is poorly organized, rambling, or full of irrelevant digressions
  • Paper is minimally referenced (material taken from outside sources is attributed with citations), but shows little adherence to AGLC
  • Paper is within 20% of word count limitation

Refer/Fail (0-7/15)

  • Writing is incoherent, illegible, or completely unprofessional
  • Paper shows no attempt at organization
  • Paper is over 20% of word count limitation
  • Paper is poorly referenced and shows no adherence to AGLC
  • Evidence of plagiarism, collusion, cheating, or other misconduct (Refer)

TOTAL MARK:  _____/50

Task Detail   

“The Olympics are coming!” proclaim several Queensland newspapers. After the announcement that Brisbane has been named a preferred site of the 2032 Olympic Games, extensive preparations have begun to turn the region into a site suitable for the gaze of the world. There’s a lot to be done, including selecting a venue for the opening ceremonies, building (or refurbishing) stadiums, figuring out accommodation and security for Olympic athletes, and more. The Commonwealth government and the Queensland government have stated that no expense will be spared in making the event a success.

In accordance with an appropriation by the Federal Parliament (in Appropriations Bill No. 2), the Federal Government has already started spending the allocated $180 million for infrastructure upgrades to transportation systems and security camera networks ahead of the Games. Minister Charles Chalk has been quoted as saying “Speed is of the essence here, and only a truly national endeavour will be enough to accomplish everything that needs to happen.” Parliament is currently debating a bill that will outline priorities for the spending and ensure accountability systems are in place.

Meanwhile, the Queensland Parliament has passed the Olympic Games Food Miles Reduction Act 2022. Under this act, for the duration of the games, food vendors at all Olympic venues, related events, and the Olympic village will be prohibited from using ingredients grown further than 500km of the point of consumption if a local alternative is available. In the Act’s second reading speech, the Queensland Minister for Tourism described it as ‘an important measure to improve the carbon footprint of the games and a valuable opportunity to showcase fine local produce.’

In addition, the Commonwealth Parliament has passed a new law, the Emergency Directions Act 2022, which empowers the Minister for Defence to direct all Queensland government health, law enforcement, and logistics agencies for up to seven days in the event of a crisis at the games. 

J.D. Students: Discuss the constitutionality of the Federal Government’s spending, the constitutionality of the Olympic Games Food Miles Reduction Act 2022 (Qld), and the Emergency Directions Act 2022 (Cth).

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