This course will introduce students to Chapter III of the Constitution. Chapter III is at the centre of the constitutional structures of government in Australia. Its provisions create the federal judicature and define the way in which it operates. Its interpretation has had a pivotal role in the design and operation of all institutions of government at the federal, State and Territory levels. Chapter III controversies have been at the core of many of the High Court's important cases over the last 10 to 15 years. All students, particularly those considering a career in litigation, should have a strong understanding of the federal judicial system. This course is designed to equip students with that understanding.
Upon successful completion, students will have the knowledge and skills to:Federal Judicial System is designed to introduce students to Ch III of the Constitution. On successful completion of the course, students will have a coherent and advanced understanding of the various constitutional and statutory dynamics of the federal judicial system created by Ch III. Specifically, students should be able to:
1. explain and summarise in a coherent and advanced fashion , and be able to explain to a variety of audiences:
o the reasons why Ch III takes the form that it does;
o the nature of judicial power and how it is exercised in Australia;
o the governmental structures created by Ch III, both through the theoretical and doctrinal lenses of separation of judicial power and federalism;
o how Ch III imposes limitations on the creation of government institutions at both the federal and State levels and on the exercise of government power in Australia;
o the central role the High Court has played in fleshing out the operation of Ch III, the ongoing constitutional controversies that involve Ch III issues;
o themes and theories covered in this course;
2. plan and conduct research with some form of independence in the form of a research essay;
3. apply the Ch III principles to a factual situation in the form of a take-home exam to identify legal issues and provide solutions to complex constitutional problems; and
4. Move forward into their chosen professional career with a coherent and advanced understanding of how the federal judicial system operates.
Indicative Assessment1. Research essay – 50% 2,500 words
2. Take-home exam 50%
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.
WorkloadThree contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course.
Requisite and Incompatibility
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- Student Contribution Band:
- Unit value:
- 6 units
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