This subject examines the basic institutions and methods of the legal system. The main institutions of law and government are addressed: the separation of powers, parliament, the executive, the courts and the legal profession. Particular attention is paid to the history and structure of federation; the constitutions of the States and Commonwealth; legislatures and the legislative process; the development and functioning of the Australian Courts system and structure and roles of the judiciary and the legal profession. The basic methods of the law are examined with respect to the common law tradition, the doctrine of precedent including the concepts of ratio and obiter, the courts of Equity and the interplay between common law and statutes.
|Faculty||Faculty of Law|
1. Understand the origins, structure and operation of the Australian political and legal system, including the federal system of government, jurisdictions, the legal profession and the practice of the law.
2. Understand the basic elements of Australian Constitutional Law.
3. Understand and approach problems through a study of the Common Law and the doctrine of precedent.
4. Be able to describe what is involved in the legislative process and the creation and passage of Legislation and Regulations.
5. Be able to demonstrate this knowledge in practical application through the use of legal databases, resources and writing conventions by way of writing, research, and advocacy.
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
Future offerings not yet planned.