Handbook 1996 : Faculty of Law (Volume 3 page 225)
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Optional Law subject.
Prerequisite: Constitutional and Administrative Law.
Contact: 2 hours per week
Timetable: First semester
Objectives:
Students who complete this course will: have been introduced to applied political, historical and legal theory relevant to Australia; become familiar with interdisciplinary approaches to public law; gain a thorough knowledge of the legal framework of democracy and constitutionalism; and enhance their critical skills by dealing with a diverse subject matter, challenging legal issues and by considering the possibilities and difficulties of constitutional and democratic renewal.
Content:
Much of the discourse of public law conceives of Constitutional Law and Administrative Law as the regulation of government. It appropriately concentrates upon the power of government institutions and restraints upon the bureaucracy. This course will explore an alternative conception of public law as a representation of political community. It will focus upon individuals and groups as participants in the political process in the legal context. To explore this latter theory an examination of both conceptions will be undertaken in this course. This subject will identify and examine the applicability of western political and legal theory relevant to Australia in relation to four broad topics: History and Basic Concepts (to explore the concepts of autocracy, democracy and constitutionalism in the context of the emergence and growth of Australia as a nation). Constitutionalism and democracy (to critically evaluate Australian Federalism, Constitutional Guarantees and Human Rights). Public Law as a theory of government (to explore the institutions of government and theories of their operation). Public Law as political community (to analyse prevailing and alternative conceptions of the state and the place of law in those conceptions).
Assessment:
Either Research Essay 2,500 words (50 per cent) and Final Exam 11/2 hours (50 per cent); or Research Essay 5,000 words (100 per cent); or Final Exam 3 hours (100 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 225)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.