LAW1112 - Public law and statutory interpretation - 2019

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.

At the successful completion of this Unit students should be able to:

1. explain the legal principles and institutional arrangements that underpin government in Australia
2. demonstrate an awareness of the principles and values that have shaped the Australian system of government, including representative democracy, the rule of law and human rights
3. critically examine the framework of Australian government with reference to a range of broader perspectives
4. demonstrate an understanding of constitutionalism and the rule of law as values and modes of government that shape the broader political and institutional context within which particular legal issues arise
5. articulate and critically examine the purposes and scope of the fundamental constitutional rules that govern the relationships between Parliament, the executive and the judiciary
6. select, interpret and apply relevant rules and principles of statutory interpretation in order to reach a considered view on the legal meaning, or likely legal meaning, of a doubtful legislative provision
7. give a reasoned opinion as to the appropriate meaning of a legislative provision which takes adequate account of the law of statutory interpretation
8. demonstrate the intellectual and practical skills needed to identify, research, evaluate and synthesise relevant factual, legal and policy issues.

NOTE: From 1 July 2019, the duration of all exams is changing to combine reading and writing time. The new exam duration for this unit is 2 hours and 30 minutes.

1. Legislative research quiz - 10%
2. Written assessment task - 30% as selected by the Chief Examiner, either:
   • Test or tests (in class or take home) totalling 30%; or
   • Written assignment 30%
3. Final examination 2 hours 30 minutes - 60%

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information