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, and liberalism
• 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.

At the conclusion of this course students should be able to:

• demonstrate an understanding of the core concepts and principles underpinning Australian public law, including their interaction and historical contexts
• comment critically on the outcome and reasoning in cases studied during the course and identify the considerations of policy that may underpin them.
• identity public law issues and problems that arise in a given set of facts
• make arguments about the way in which those legal issues are likely to be resolved, noting contrary arguments and their strengths
• provide case authorities for propositions of law that they use in those arguments, and where applicable discuss the theoretical and doctrinal issues that arise
• apply case law and legislation to a given set of facts
• where applicable, distinguish the facts in decided cases from those in a given set of facts and build this into argument
• structure an answer to a problem question in a logical and effective way
• structure and respond intelligently to an essay question touching on core public law themes by relying on relevant case law and literature, as well as demonstrating critical thinking.

Please refer to the course home page for assessment information.

For the first six weeks, there will be one two-hour and one one-hour lecture. Tutorials will begin in the seventh week, taking the place of the one-hour lecture for the next six weeks.  Students are generally expected to devote at least 10 hours overall per week to this course.

It will be useful for students to follow domestic political developments during the course, such as where there is an election or change in leadership of a major party, a high profile parliamentary inquiry or debate (eg around proposed legislation, the behaviour of members, or the scrutiny of the executive) or a controversial matter before the courts.

LAWS1201 Foundations of Australian Law

Information about prescribed texts will be made available in the course outline.

The preliminary reading required for this course will be available from the course home page at least one week prior to the commencement of the course.

A reading guide will be available on the course web page.

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).