• Offered by ANU Law School
  • ANU College ANU College of Law
  • Classification Advanced
  • Course subject Laws
  • Areas of interest Law
  • Academic career PGRD
  • Course convener
    • Steven Gardiner
  • Mode of delivery In Person
  • Offered in Spring Session 2020
    See Future Offerings

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:

  1. Demonstrate mastery of knowledge and understanding of the principles and context of executive power;
  2. Explain, distinguish and critically examine the complexity of the law relating to executive power;
  3. Demonstrate, through identification and critical evaluation, an understanding of the implications of the sometimes not altogether unanimous views of the judges;
  4. 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
  5. 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.

Indicative Assessment

  1. Class Participation (10) [LO 1,2,3,4]
  2. Class Presentation (10) [LO 1,2,3,4]
  3. Research Essay (80) [LO 1,2,3,4,5]

In response to COVID-19: Please note that Semester 2 Class Summary information (available under the classes tab) is as up to date as possible. Changes to Class Summaries not captured by this publication will be available to enrolled students via Wattle. 

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

Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. Classes offered during semester periods are expected to have 3 contact hours per week.


Click here for the LLM Masters Program timetable.


Inherent Requirements

Not applicable

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), 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 Legal Practice (MLEGP), OR Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five 1000 level LAWS courses or five 6100 level LAWS courses; OR Graduate Certificate of Law (CLAW) and have completed or be completing LAWS8586 Law and Legal Institutions; OR Master of Military Law (MMILL). Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Please contact the ANU College of Law for permission number.

Prescribed Texts

Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.

Preliminary Reading

Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 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
2020 $4320
International fee paying students
Year Fee
2020 $5760
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.

Spring Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
9540 18 Sep 2020 18 Sep 2020 02 Oct 2020 06 Nov 2020 Online View

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