Legislation crosses all boundaries of legal doctrine; there is virtually no field of the law that is not occupied by legislation in some shape or form. Similarly, there are many disciplines besides the law itself in which legislation is an object of study. From philosophy of law (jurisprudence), to sociology, politics and cultural studies (particularly interdisciplinary studies of law and literature), legislation is closely observed and analysed in the academic world.
Modern-day legal practice and academic legal study require expertise in working with legislation. Yet little attention has been paid to giving law students tools to understand the way in which legislation comes into being, and how it is interpreted. This course aims, in some small degree, to remedy that deficiency.
Principal topics covered in the course include:
1. What is legislation?
2. The role of the legislative drafter
3. Legislative drafting techniques
4. The role of parliamentary scrutiny committees
5. Legislative interpretation in the context of legislative drafting
6. Delegated legislation and Commonwealth legislative instruments
Upon successful completion, students will have the knowledge and skills to:By the conclusion of this course, it is intended that students who have successfully completed all of the course requirements will be able to:
- Identify, analyse and reflect on the different roles played by legislation in effecting regulatory and policy objectives and the influence these roles have in the approach to legislative drafting
- Identify, analyse and reflect on the different influences on approaches to legislative drafting, including the role of parliamentary scrutiny committees, the approach of the courts to statutory interpretation, and interpretative Acts and Acts of general application.
- Choose and apply a range of legislative drafting techniques to assist in the drafting of legislation and legislative instruments.
- Examine, interpret and distinguish instruments of legislative character and the different ways in which that distinction is important, including the role of judicial scrutiny of those instruments.
Other InformationThis is an intensive course with a 4 day compulsory intensive (see LLM timetable for dates).
Approximately 6 weeks from the completion of the intensive your final assessment will be due. Contact with fellow students and the convenor, both prior to the intensive and after, is conducted via the Wattle course site.
Indicative AssessmentThe assessment is likely to include:
- Class participation (10%)
- Drafting exercise (20%)
- Research essay, or alternatively, drafting exercise and take home assignment (70%)
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.
Workload26 hours of face to face teaching (4 day intensive). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
Click here for the LLM Masters Program timetable
Requisite and Incompatibility
Prescribed TextsThe prescribed text for this course is:
- Cook C et al, Laying Down the Law 8th ed.
LexisNexis, Sydney, 2012.
Students must rely on the approved Course Study Guide which will be posted to the Wattle course site approximately 4 weeks prior to the commencement of the course.
An e-brick will be available on the Wattle course site.
Assumed KnowledgeStudents without an Australian law degree must have completed LAWS8587 Legal Framework of Regulation
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. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 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.
Offerings, Dates and Class Summary Links
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
|Class number||Class start date||Last day to enrol||Census date||Class end date||Mode Of Delivery||Class Summary|
|1639||05 Feb 2016||05 Feb 2016||19 Feb 2016||02 Apr 2016||In Person||N/A|