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ANU Law School · ANU College of Law, Governance and Policy
This course reviews the ever-changing scope and operation of the executive power inherent in the Australian Constitution. It is set against the background of the UK development of the concept, largely by the courts, but its primary focus is on section 61 of the Constitution and relevant decisions of the High Court. Given the significant expansion of executive power in recent years, the course also explores contemporary issues associated with migration and counter-terrorism powers, as well as the trend towards republicanising the legal system. The course adopts a historical, analytical, and topical approach to enable a deeper understanding of the concept of executive power in Australia. Key topics include: - the emergence of the concept of an Australian executive power and the consequential progressive reduction in reliance on prerogative power as a useful concept; - the conventions and law governing the exercise of executive power (by Governor-General, Ministers, Cabinet and administrators); - the constitutional grounding of responsible government and its effectiveness in the 21st century; - the narrowing of the traditional immunities and privileges the common law extends to the Crown and the impact of the practice by the executive of privatising and contracting out; - federal issues relating to executive power, including the issues that arise if there is a conflict between the exercise of Commonwealth and State executive power; - the unique position of the executive in the ACT; and - challenges to the protection of individuals through the rule of law, using counter-terrorism law and migration law as examples. Students will engage with readings, research, and interactive learning activities designed to encourage critical analysis of executive power and its implications in contemporary Australia.
The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. 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 Canvas page.
Learning outcomes 1, 2, 3, 4, 5
- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 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. Click here for the LLM Masters Program course list
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 list when 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.