• 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

This course explores the complex, subtle and still-evolving role of the High Court as a legal, political and social institution in the Australian constitutional system. Because it examines the role of the High Court as an institution, the unit has no fixed substantive legal content.

The course will focus on the High Court's role in the development of Australian constitutional law, employing a historical and biographical lens, though students may wish to explore other areas of law in their research papers.

Topics explored in the course will vary, in part, according to the participant's research interests. Indicative topics include:the creation of the High Court and its early struggle to assert itself;

  • the Privy Council and the High Court;

  • the appointment and removal of judges (including the Piddington and Murphy affairs);

  • the High Court’s role in the development of Australian law;

  • the High Court’s jurisdiction and procedures, and the impact of that on the development of the law;

  • landmark cases in Australian constitutional law, and their impact on the High Court;

  • the extra-judicial activities of High Court judges;

  • the value of biography, and oral history in an examination of the Court’s function;

  • the inner workings of the High Court (including, the role of associates); and the High Court in popular culture.

Learning Outcomes

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 the course requirements will be able to:
  1. Identify and explain, to demonstrate cognitive and technical skills in developing an extended understanding of the High Court’s role and function in Australian history and contemporary society, and the social, political and legal factors that have framed that function;
  2. Identify and critically examine the institutional aspects, including for example, management of the High Court, including appointments, funding and relationships with the other arms of government;
  3. Critically review, analyse and evaluate the High Court’s role in landmark cases in Australian constitutional law;
  4. Develop and communicate a critical analyses, using the perspective that an institutional, historical and biographical lens can offer on Australian constitutional law and the development of the High Court’s function;
  5. Plan and execute a research project to demonstrate legal research principles and methodologies in applying critical analysis and application of legal principles and practice to complex issues arising in relation to the High Court.

Other Information


This 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 Assessment

Assessment is likely to consist of
  1. Draft research paper/outline and oral presentation 20 %
  2. Final essay 80 %
Students must rely on the Course site approximately four weeks 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 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.

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300XSINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SENVL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL, 7883XLLM), Master of Legal Practice (MLEGP). OR Must be studying a: Master of Diplomacy/Master of International Law (7893MDIPL, 7893XMINTL), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL), Master of Legal Studies (7305XMLEGS), and completed LAWS8015 Fundamentals of Government and Commercial Law or LAWS8587 Legal Framework of Regulation. OR Must be studying a Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five LAWS1000 level courses or five LAWS6100 level courses. OR Must be studying a Graduate Certificate of Law (CLAW) and have completed or are completing LAWS8586 Law and Legal Institutions and LAWS8587 Legal Framework of Regulation. OR Must be studying a Master of Military Law (MMILL) OR Must be studying a Juris Doctor (MJDOL) and have completed the course LAWS8712 Australian Public Law & International Law B

Preliminary Reading

Tony Blackshield, Michael Coper and George Williams (eds), The Oxford Companion to the High Court of Australia (OUP, 2001) (‘Oxford Companion’)

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.

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. 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:
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
2016 $3252
International fee paying students
Year Fee
2016 $4638
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

There are no current offerings for this course.

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