Australian Public Law

This course in Australian Public Law reflects the distinctive vision of the ANU JD program in which the study of Australian Public Law is a compulsory part. It also reflects the particular emphasis that the ANU College of Law gives to the study and research of Australian Public Law, which ultimately is reflected in the research of the ANU College of Law and in organisations such as the Centre for International and Public Law. The study of Australian Public Law at a relatively early stage in JD studies will open a pathway into a range of additional law courses and opportunities, and to thinking about opportunities beyond the JD too. To that end, LAWS 6105 has a strong focus on foundational aspects of the discipline of Australian Public Law. Australian Public Law deals with many aspects of the functioning of the key constitutional institutions of government at the national, state, and territory levels, and how those institutions interact with one another and with the Australian people. The wide-ranging impact of Australian Public Law on the Australian legal system and on Australian governmental, judicial and social activities means that a basic knowledge of the terminology, institutions, and substance of Australian Public Law is not only worthwhile acquiring in its own right, but is also a necessary part of the knowledge and skills of any law graduate, and of any citizen of a democratic society. This makes Australian Public Law of considerable interest, whether you choose to go into the private practice of law, to work as a government or public lawyer, or are undertaking a law degree because you consider it will be useful in another career. This JD course in Australian Public Law is designed to provide you with an understanding of the core essentials of this area of law, and to provide you with the foundations for further reflection on, and study of, topics in this area. 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 LAWS6202 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.