730-382 Rethinking Australian Democracy History, Politics and the Law

Credit Points

Coordinator

Prerequisites

Torts and the Process of Law; History and Philosophy of Law; Constitutional and Administrative Law.

Semester

Contact

Subject Description

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 critically examines that approach and also explores 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.

This subject will identify and examine the applicability of western political and legal theory relevant to Australia in relation to four broad issues: History and Basic Concepts (to explore the concepts of democracy and constitutionalism). Constitutional and democratic theory (to critically evaluate Australian Federalism, Constitutional Guarantees and Republicanism). Public Law as political community (to analyse prevailing and alternate conceptions of the state and the place of law in those conceptions). Public Law as a theory of government (to explore the institutions of government and theories of their operation).

Assessment

Either a Research Essay 2500 words (50%) and Final Exam 1 1/2 hours (50%); or Research Essay 5000 words (100%); or Final Exam 3 hours (100%).

Prescribed Texts

A source book produced by lecturer.