Essay Question: The outcomes of the Kerr Committee, the Bland Committee and the Ellicott Committee established Australian Administrative Law as we know it today. In your opinion, has their vision has come to fruition?
You are required to develop a thesis (an argument). You must conduct your own research beyond the textbook to engage with secondary authority (e.g. journal articles). A good essay will analyse both case law and academic arguments.
The guide to marking, below, provides you with a thick description of what is expected from your writing. You do not necessarily need to achieve each bullet point to get, e.g., an HD. Rather, these indicators can combine in different ways to achieve the grade:
|High Distinction (85% plus)
A High Distinction paper will:
· Develop a well-reasoned and well-researched argument that explicitly targets the important issues and takes a position.
· Fairly characterise and then critically address counter-argument.
· Logically appeal to case law and academic argument in support of the paper’s thesis, providing sufficient context and significant analysis.
· Prioritise relevant materials and arguments, demonstrating a good structural balance.
· Write in cogent, complete sentences, with impeccable spelling, grammar, and syntax; avoid passive voice, throat-clearing or redundant language, and nominalisations.
· Contain a clear Introduction and Conclusion that orientate a reader to the argument, essay’s structure, and conclusion.
· Completely follow the AGLC (3 ed).
|Distinction (75 – 84%)
A distinction paper will:
· Present some of the characteristics of a High Distinction paper.
That means a distinction paper is likely to:
· Show a strong grasp of the relevant issues and present a supported argument, but not adequately address counter-argument;
· Be well-balanced in its approach, but occasionally uneven in weighting for different components, use of case law and academic literature, or in quality of argument;
· Be well-written – with strong grammar, spelling, and syntax – but instances of redundant language or cumbersome style.
|Credit (65 – 74%)
A Credit paper will:
· Identify relevant issues and maintain an adequate focus on them.
· Be well-structured, exhibiting a balance of ideas throughout the essay.
· Exhibit a solid grasp of the materials and demonstrate some ability to engage with them critically.
· Discuss case law and academic literature, but with insufficient context and analysis of the arguments.
· Move towards a solid argument.
· Be adequately written, while showing errors in paragraph structure, grammar, spelling, or syntax.
· Be adequately and appropriately referenced according to the AGLC.
· Show features of a proper Introduction – identifying the thesis and structure – and Conclusion.
|Pass (50 – 64%)
A Pass paper will:
That means a Pass paper is likely to:
· Contain a description of the relevant issues and cases, but little academic literature.
· Contain a loose structure, with uneven attention to different arguments.
· Provide inadequate context for case discussion, or else some errors of legal analysis.
· Present some relevant perspectives, but not a solid, consistent argument.
· Be poorly written, with common errors of paragraphing, grammar, syntax, or spelling.
· Be inadequately referenced according to the AGLC.
· Have a generic Introduction and/or Conclusion.
|Fail (below 50%)
Papers which exhibit any of the following characteristics may be awarded a Fail grade:
· the paper does not demonstrate an adequate grasp of the legal issues and the Court’s analysis;
· the paper does not demonstrate comprehension of the set materials;
· the paper fails to address the essay topic meaningfully;
· written expression is so poor that the student’s description, analysis, interpretation or evaluation of the literature is frequently unclear;
· referencing and citation is so poor as to be meaningless with regard to providing adequate support for the description, analysis and argument;
· the paper exhibits some evidence of plagiarism.
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