730-112 Principles of Public Law

None.

Legal Method and Reasoning or equivalent.

The subject addresses the following fundamental questions of public law:

• How does law establish and regulate state power? How does law establish and regulate relations between countries?

• What historical influences shaped the current arrangements in Australia? How have different histories led to different results elsewhere?

• What underlying principles shaped the current arrangements in Australia? How have different principles led to different results elsewhere?

It introduces students to the histories, theories, institutions, concepts and principles of domestic public law (in particular Australian public law) and international public law. It provides a foundation for Constitutional Law and Administrative Law, while ensuring that all LLB students are familiar with an essential core of International Law. Topics include:

• Introduction:

  • What are the State and public law?

  • How have the State, public law and the concept of constitutionalism evolved?

  • What are the sources of public law?

• Institutions and Structures:

  • Public law principles including the rule of law, representative and responsible government, constitutional conventions, parliamentary sovereignty, the separation of powers and federalism

  • The Legislature

  • The Executive

  • The Judiciary

  • The United Nations

• People and peoples:

  • Australian independence

  • The people and their relationship to the State

  • Law, morality and human rights

  • Anglo-Australian law and indigenous law.

An online skills exercise (hurdle requirement - due during the first half of semester), a piece of legal writing 2000 words 50% (due week 8) and a final open-book examination two hours 50%.

Printed materials will be issued by the Faculty of Law.