LAWS8241 Executive Power

LAWS8241 is only available under certain award programs.

Offered By	Law
Academic Career	Graduate Coursework
Course Subject	Laws
Offered in	Autumn Session, 2011
Unit Value	6 units
Course Description	Objectives: The course is designed to review 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 s 61 of the Constitution and relevant decisions of the High Court. It draws also on available literature. Because of the large expansion of executive power in recent years it then moves on to explore current issues. These are associated with powers relating to migration and 'terrorism', the trend towards republicanising the legal system Content: The course content uses an historical, analytical and topical approach to enable the potential of the concept of executive power in Australia to be appreciated and in particular focuses on: 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 challenges to the protection, through the rule of law, of individuals, using as examples counter-terrorism law and migration law.
Learning Outcomes	Heightened awareness of the complexity of the law relating to executive power An understanding of the implications of the sometimes not altogether unanimous views of the judges Facilitation of the exercise of executive functions according to law, with an understanding of both its scope and its limitations
Indicative Assessment	Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.
Workload	26 Contact Hours (Intensive Delivery) Click here for 2009 Graduate Law Timetable
Course Classification(s)	AdvancedAdvanced courses are designed for students having reached 'first degree' level of assumed knowledge, which provide a deep understanding of contemporary issues; or 'second degree' and higher levels of knowledge; or for transition to research training programs. and SpecialistSpecialist courses are designed for students having reached 'first degree' level of assumed knowledge, which provide for the acquisition of specialist skills; or 'second degree' and higher level of knowledge; or for transition to research training programs; or knowledge associated with professional accreditation.
Areas of Interest	Law
Assumed Knowledge and Required Skills	It will be assumed that students have gained some appreciation of the nature of executive power either through earlier legal studies or through the Fundamentals of Government and Commercial Law course, and of the general working of the federal system.
Requisite Statement	LAWS8153 Introduction to Legal Reasoning and Research (non-lawyers); LAWS8568 Fundamentals of Government and Commercial Law (non-lawyers)
Prescribed Texts	There is no readily available dedicated text book. The best coverage of the topic is found in Blackshield and Williams, Australian Constitutional Law and Theory: Commentary and Materials, Federation Press, 4^th ed (2006). It is the prescribed text and the abridged version contains most (but not all) of the chapters that will be referred to. The unabridged version will be used in class.
Preliminary Reading	First two chapters of Blackshield and Williams would be useful, and a glance at ch 12 (Executive Power).
Indicative Reading List	Further readings will be contained in the Course Outline, and there is useful additional reference in Blackshield and Williams.
Programs	Graduate Diploma in Government and Commercial Law, Master of Legal Studies, and Master of Government and Commercial Law
Academic Contact	Peter Bailey and Graduate Administration

The information published on the Study at ANU 2010 website applies to the 2010 academic year only. All information provided on this website replaces the information contained in the Study at ANU 2009 website.