The course aims to introduce students to central questions and themes in Australian legal history. It will consider important questions relating to historical events and legal developments in Australia from 1788 to the end of the twentieth century. The course also aims to further develop students' research and essay writing skills. With a significant guided research and writing component, it is a course that is suitable preparation for students who are planning to undertake the research paper for Honours. Students will be required to write a research essay and will be encouraged to choose a topic relating to their own interests in Australian legal history.
The proposed topics for class discussion include sovereignty, colonial rule, the reception of English law and the early colonial courts. This will be followed by consideration of the journey from repugnance to independence including examination of uniquely Australian colonial legislation and related laws of the nineteenth century. Consideration of the limitations of colonial law when responding to frontier violence and rebellion during this period will enable examination, from a legal perspective, of some focal events such as the Rum Rebellion, the Myall Creek massacre, the Eureka stockade and the trial of Ned Kelly. The course will also examine early Australian environmental laws and natural resource use that have shaped the landscape and the exploitation of the natural environment of the Australian continent. Moving towards the twentieth century, the course will consider pathways to Federation and influences that shaped our Constitution and legal institutions. This will be followed by examination of the Australian High Court in the twentieth century, including patterns of Australian doctrinal development, deference to the English courts, the role of the Privy Council and the influence of a selection of significant English cases on Australian law. The Australian notion of the separation of powers will be examined in an historical context. Finally, consideration of some more recent legally and historically significant events, such the Chamberlain case, legal independence through the Australia Acts 1986 and reflections on Mabo, will complete the course.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
At the conclusion of this course it is expected that students will be able to:1. Describe, discuss, explain and analyse central themes and questions relating to Australian legal history;
2. Synthesise and apply knowledge in the development of a sustainable analysis or argument in response to questions about aspects of Australian legal history;
3. Analyse a selection of primary historical and legal source material (copies of source material provided as part of course materials);
4. Plan and execute a research project, with some independence;
5. Utilise legal databases and other reference sources to research case law, legislation, scholarly journal articles and relevant historical materials;
6. Consistently and accurately use legal citation conventions in the course of legal writing.
Indicative Assessment
• Research topic proposal – compulsory, but assessed on a satisfactory/not satisfactory basis• Research essay 2500 words (50%)
• Short writing task 1000 words (20%)
• Summary of conclusions 1500 words (30%)
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
Three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course.Requisite and Incompatibility
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 |
|---|---|
| 2018 | $3420 |
- International fee paying students
| Year | Fee |
|---|---|
| 2018 | $4860 |
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.