LAW5004 · Principles of public law and statutory interpretation

Overview

The unit will introduce the basic principles of public law, government and statutory interpretation in Australian law. The unit will investigate the range of legal devices whereby Australia is governed, and will introduce key ideas pertaining to public legal entities, including the Crown. Fundamental principles of public law will be considered, together with the broader contexts in which they arise and operate. So will fundamental constitutional relationships between each of Parliament, the executive and the judiciary. The unit will also deal with statutory interpretation in depth, beginning with the fundamental constitutional principle of parliamentary supremacy, and exploring how the rules and principles of statutory interpretation flow from an understanding of the constitutional relationship between Parliament and the judiciary.

Offerings

Assessment

The Handbook lists an examination for this unit.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Explain and demonstrate an advanced understanding of the public law principles and institutional arrangements that underpin the Australian system of government and shape the process of statutory interpretation, including representative democracy, the rule of law, separation pf powers, constitutionalism, federalism and human rights.
2. Articulate, critically analyse the purposes and scope of the fundamental constitutional rules and public law principles that govern the relationships between Parliament, the executive and the judiciary and govern the process of statutory interpretation.
3. Demonstrate the intellectual and practical skills needed to identify, research, evaluate and synthesise relevant factual, legal and policy issues;
4. Demonstrate the capacity to critically analyse and give a reasoned legal opinion in response to specific legal problems by applying the legal principles and values that underpin Australia’s system of government, legal system, and process of statutory interpretation of legislation.
5. Communicate in ways that are effective, appropriate and persuasive; and
6. Learn and work independently and make use of feedback to support your further learning.

Workload

Students enrolled in this unit will be provided with 36 contact hours of workshops per teaching period. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Student experience, not official rules. Nothing here changes what the Handbook says.