• Offered by Law School
  • ANU College ANU College of Law
  • Classification Advanced
    Specialist
  • Course subject Laws
  • Areas of interest Law
  • Academic career PGRD
  • Mode of delivery In Person
  • Offered in Spring Session 2014
    See Future Offerings

The course is designed to review the ever-changing scope and operation of the executive power inherent in the Australian Constitution. It is set against the background of the UK development of the concept (largely by the courts). But its primary focus is on s 61 of the Constitution and relevant  decisions of the High Court. It draws also on available literature.

Because of the large expansion of executive power in recent years it then moves on to explore current issues. These are associated with powers relating to migration and 'terrorism', the trend towards republicanising the legal system

The course content uses an historical, analytical and topical approach to enable the potential of the concept of executive power in Australia to be appreciated and in particular focuses on:

  • the emergence of the concept of an Australian executive power and the consequential progressive reduction in reliance on prerogative power as a useful concept
  • the conventions and law governing the exercise of executive power (by Governor-General, Ministers, Cabinet and administrators)
  • the constitutional grounding of responsible government and its effectiveness in the 21st century
  • the narrowing of the traditional immunities and privileges the common law extends to the Crown and the impact of the practice by the executive of privatising and contracting out
  • federal issues relating to executive power, including the issues that arise if there is a conflict between the exercise of Commonwealth and State executive power
  • the unique position of the executive in the ACT
  • challenges to the protection, through the rule of law, of individuals, using as examples counter-terrorism law and migration law.

Learning Outcomes

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

  • Heightened awareness of the complexity of the law relating to executive power
  • An understanding of the implications of the sometimes not altogether unanimous views of the judges
  • Facilitation of the exercise of executive functions according to law, with an understanding of both its scope and its limitations

   

Indicative Assessment

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

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

26 Contact Hours (Intensive Delivery)

Requisite and Incompatibility

To enrol in this course you must be studying in one of the following programs; Master of Laws (7300) Master of Laws (Legal Practice) (7312) Master of Diplomacy/Master of Laws (7883) Graduate Diploma in Law (6300) or you must be studying one of the following programs Master of Legal Studies (7305) Master of Environmental Law (7309) Master of Government and Commercial Law (7313) Master of International Law (7310) Master of Law, Governance and Development (7317) Master of International Security Law (7318) Master of Diplomacy/Master of International Law (7893) Graduate Diploma in Law, Governance and Development (6317) Graduate Diploma in Legal Studies (6305) Graduate Diploma in Environmental Law (6309) Graduate Diploma in Government and Commercial Law (6313) Graduate Diploma in International Law (6310) Graduate Diploma in International Security Law (6318) Graduate Diploma in Legal Practice (6303) Graduate Certificate in Environmental Law (6351) AND have completed LAWS8015.

Prescribed Texts

There is no readily available dedicated text book. The best coverage of the topic is found in Blackshield and Williams, Australian Constitutional Law and Theory: Commentary and Materials, Federation Press, 4th ed (2006). It is the prescribed text and the abridged version contains most (but not all) of the chapters that will be referred to. The unabridged version will be used in class.

Preliminary Reading

First two chapters of Blackshield and Williams would be useful, and a glance at ch 12 (Executive Power).

Further readings will be contained in the Course Outline, and there is useful additional reference in Blackshield and Williams.

Assumed Knowledge

It will be assumed that students have gained some appreciation of the nature of executive power either through earlier legal studies or through the Fundamentals of Government and Commercial Law course, and of the general working of the federal system.

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, Dates and Class Summary Links

The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.

Spring Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
8649 19 Sep 2014 19 Sep 2014 03 Oct 2014 22 Nov 2014 In Person N/A

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