Public Law and Statutory Interpretation

Course aim

This course will develop an understanding of government in a Westminster system, and how to understand the product of Westminster style Parliaments. The course will be taught as a first year compulsory subject, with a particular focus on legal reasoning based in analogues.

Course content

Areas to be examined in the course include:

The three arms of government and the separation of powers.
The limits on Parliamentary sovereignty provided by a written Constitution at federal level, and on the States by reference to Chapter III.
The special nature of the Crown at law.
The course of English history as a basis for understanding statutory interpretation: from Edward I to the Stuarts to the Glorious Revolution, and the Great Reform Act of 1832.
Early reliance on literal reading of statutes becoming more sophisticated after WW II.
The modern emphasis on context.
The move since 1980 to understanding legislative intent.
The Principle of Legality as a substitute for not having a Bill of Rights.

Textbook(s)

Pearce D.C & Geddes R.S. 2014, Statutory interpretation in Australia , 8th ed, LexisNexis Butterworths , Chatswood, N.S.W

Prerequisite(s)

Nil

Corequisite(s)

Nil

Teaching method

Component	Duration
INTERNAL, CITY WEST
Lecture	3 hours x 10 weeks
Tutorial	1 hour x 10 weeks

Note: These components may or may not be scheduled in every study period. Please refer to the timetable for further details.

Assessment

Examination, Multiple Choice Test, Short Essay

Fees

EFTSL*: 0.125
Commonwealth Supported program (Band 3)
To determine the fee for this course as part of a Commonwealth Supported program, go to:
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Fee-paying program for domestic and international students
International students and students undertaking this course as part of a postgraduate fee paying program must refer to the relevant program home page to determine the cost for undertaking this course.

Non-award enrolment
Non-award tuition fees are set by the university. To determine the cost of this course, go to:
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Not all courses are available on all of the above bases, and students must check to ensure that they are permitted to enrol in a particular course.

* Equivalent Full Time Study Load. Please note: all EFTSL values are published and calculated at ten decimal places. Values are displayed to three decimal places for ease of interpretation.