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ANU Law School · ANU College of Law, Governance and Policy
This course examines the structure and themes of Australian public law, providing a bridge to all other public law study in the curriculum. In essence, the course examines how public power is structured, distributed, and controlled in Australia. The distinctive roles played by the legislature, the executive and the judiciary receive special attention. Subsidiary themes in the course are protection of individual rights in the Australian legal system, and constitutional change and evolution in Australia. The following topics will be covered: - the constitutional and legislative framework for Australian public law - major concepts and themes in Australian public law, including federalism, separation of powers, constitutionalism, representative democracy, rule of law, liberalism and Indigenous sovereignty - the Legislature, including the structure of Australian legislatures, parliamentary supremacy, and express and implied constitutional limitations on legislative power - the Executive, including the structure of Executive government, executive power, and liability of the Crown - the Judiciary, including the constitutional separation of judicial power, and the administrative law implications of judicial separation - constitutional change and evolution, including constitutional amendment. In conjunction with LAWS2202 Commonwealth Constitutional Law, this course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Federal and State Constitutional Law.
The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the Class Summary and on the course WATTLE page.
Learning outcomes 1, 2, 3, 4, 5, 6
- Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 36 hours of face to face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. - Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. Click here for the LLB Program course list Other Information This course together with Commonwealth Constitutional Law, covers the essentials of Australian Constitutional Law. At the same time this course builds on Foundations of Australian Law, particularly the reception of law in Australia and the historical evolution of responsible and representative government, and also serves as an introduction to Administrative Law and to a number of the courses in the elective program. It must be taken early in the law degree. Australian Public Law is taken in first semester of second year for all combined degree students. Students undertaking a single degree (LLB or JD) will study Australian Public Law in second semester of first year (or later for part-time students).
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course listwhen finalised. Preliminary Reading Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.