LAW7093

Judicial law making and legal theory

(LAW)

Professor Jeff Goldsworthy

6 points + One 2-hour seminar per week + City

Synopsis: Recent developments in the Australian judiciary's conception of its constitutional role, the new emphasis on "fundamental principles" and individual rights; an analysis of these developments from the perspectives of contemporary philosophies of law and adjudication; the nature of interpretation of legal texts; recent judicial and scholarly challenges to the historical and philosophical credentials of the doctrine of parliamentary sovereignty; tensions in the administration of law - the nature and value of the Rule of Law, and its relationship with judicial law-making; institutional capacities of judges as effective law-makers

Assessment: Research assignment (3750 words): 50% + Class participation: 10% + Take home examination (3000 words): 40%