• Offered by Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law
  • Academic career UGRD
  • Course convener
    • Matthew Zagor
    • Ryan Goss
  • Mode of delivery In Person
  • Offered in First Semester 2014
    Second Semester 2014
    See Future Offerings

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.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

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.

Other Information

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).

Indicative Assessment

Please refer to the course home page for assessment information.

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

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.

Requisite and Incompatibility

To enrol in this course you must be studying a program which includes a Bachelor of Laws or the Juris Doctor program (7330) and have completed LAWS1201 Foundations of Australian Law.

Prescribed Texts

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

Preliminary Reading

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.

Assumed Knowledge

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.

Fees

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Students continuing in their current program of study will have their tuition fees indexed annually from the year in which you commenced your program. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
3
Unit value:
6 units

If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees.  Where there is a unit range displayed for this course, not all unit options below may be available.

Units EFTSL
6.00 0.12500
Domestic fee paying students
Year Fee
1994-2003 $1626
2004 $1926
2005 $2298
2006 $2646
2007 $2670
2008 $2670
2009 $2670
2010 $2718
2011 $2778
2012 $2808
2013 $2808
2014 $2808
International fee paying students
Year Fee
1994-2003 $2916
2004 $2916
2005 $3234
2006 $3426
2007 $3426
2008 $3426
2009 $3426
2010 $3750
2011 $3756
2012 $3756
2013 $3756
2014 $3762
Note: Please note that fee information is for current year only.

Offerings and Dates

The list of offerings for future years is indicative only

First Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
2942 17 Feb 2014 07 Mar 2014 31 Mar 2014 30 May 2014 In Person N/A

Second Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
6947 21 Jul 2014 01 Aug 2014 31 Aug 2014 30 Oct 2014 In Person N/A

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions