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:
By the conclusion of this course, it is intended that students who have successfully completed all of the course requirements should be able to:- Demonstrate mastery of knowledge and understanding of the principles and context of executive power;
- Explain, distinguish and critically examine the complexity of the law relating to executive power;
- Demonstrate, through identification and critical evaluation, an understanding of the implications of the sometimes not altogether unanimous views of the judges;
- Identify, examine and review the facilitation of the exercise of executive functions according to law, demonstrating an understanding of both its scope and its limitations; and
- Plan, design and execute a research project that identifies, critically examines and communicates complex theoretical issues and practical problems in relation to the exercise of executive power, demonstrating relevant research principles and techniques.
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 for this course will likely consist of:- Class Participation 10%
- Class Presentation 10%
- Research Essay 80%
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.Click here for the LLM Masters Program timetable
Requisite and Incompatibility
Preliminary Reading
- Gerangelos et al, Winterton's Australian Federal Constitutional Law: Commentary and Materials (Thomson Reuters, 3rd ed, 2013) ch 3
- Suri Ratnapala and Jonathan Crowe, Australian Constitutional Law: Foundations and Theory (Oxford University Press, 3rd ed, 2012) ch 3
- Peter Hanks, Frances Gordon and Graeme Hill, Constitutional Law in Australia (LexisNexis Butterworths, 3rd ed, 2012) ch 4
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 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2017 | $3420 |
- International fee paying students
| Year | Fee |
|---|---|
| 2017 | $4878 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
Winter Session
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 6859 | 05 Sep 2017 | 06 Sep 2017 | 22 Sep 2017 | 20 Oct 2017 | In Person | N/A |
