Advanced Public Law

Course aim

This course builds upon the knowledge, research and analytical skills developed in the courses, Public Law and Statutory Interpretation, Constitutional Law, Criminal and Administrative Law. The course will be taught at an advanced level, with a particular focus on reflective and critical analysis of the jurisprudence of the Australian High Court.

Course content

The course content will include contemporary and topical issues in public law, but will ultimately be based on the expertise and judgment of the Course Coordinator. However, areas to be examined may include such topics as the following:

• The financial powers of the Commonwealth Parliament;
• Statutory Interpretation and the Constitution; 
• The External Affairs Power;
• The Promise and the Reality of Chapter III;
• Public Confidence in Ch III Cases Compared with Apprehended Bias in Administrative Law;
• Parliamentary Law – Membership and Eligibility;
• Constitutions and Human Rights Charters;
• Section 75(v) – What is Actually Entrenched?;
• Federal – State Relations;
• Immunities Issues;
• Crown Immunity;
• The Executive and Prerogative Powers;
• Future Challenges – Ageing, Global Workforce, Religion, Privacy and Cyber-Security.
• State and Federal Criminal Law: Constitutional Aspects;
• Dealing with the Mentally Incompetent;
• The Principle Against Retrospectivity in the Criminal Law; and
• Criminalising Association.

Textbook(s)

., Students will be provided with a Study Guide which will include a synopsis of topics and key cases

Prerequisite(s)

Common to all relevant programs
Subject Area & Catalogue Number	Course Name
LAWS 3006	Administrative Law
LAWS 2030	Criminal Law and Procedure
LAWS 2008	Constitutional Law
LAWS 1017	Public Law and Statutory Interpretation

Corequisite(s)

Nil

Teaching method

Component	Duration
INTERNAL, CITY WEST
Seminar	2 x 2 hours 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

Essay (outline of central argument/point/thesis of major essay) , Major Essay (incorporating previous 1000 word essay), Oral Presentation of Essay

Fees

EFTSL*: 0.125
Commonwealth Supported program (Band 4C)
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:
How to determine the relevant non award tuition fee. (Opens new window)

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.