Principles of Public Law

LAWS1141 S1, 2013

Undergraduate CoreUnits of Credit: 6Contact hours per week: 4

Convenor: Sean BrennanLocation: Rm 322, Level 3, Law Building (F8)Ph: (02) 9385 2334Email: s.brennan@unsw.edu.au Consultation times: by appointment

Teacher: Jackie HartleyEmail: jackie.hartley@unsw.edu.au Consultation times: by appointment

Teacher: Paul KildeaEmail: p.kildea@unsw.edu.au Consultation times: by appointment

Teacher: Sangeetha PillaiEmail: sangeetha.pillai@unsw.edu.au Consultation times: by appointment

Teacher: Rebecca Welsh Ph: 0404 818 411Email: r.welsh@unsw.edu.au Consultation times: by appointment

ContentsPage

1Course Information2

1.1

1.2Class Schedule & Teaching Staff

Blackboard / Moodle

1.3Course Description

1.4Aims

1.5Graduate Attributes & Learning Outcomes

1.6Teaching rationale

2Assessment5

2.1Assessment Scheme

2.2Assessment Criteria and Overall Grading

2.32.4Assessment Timetable Links to Learning OutcomesFormal Matters Relating to Assessment

3Course Material and Reading Guide9

3.1Course Materials

3.2Reading Guide

4Additional Resources for Students16

5Continual Course Improvement17

5.1CATEI Evaluation Policy

5.2Course Evaluation and Quality Enhancement for this Course

1COURSE INFORMATION

1.1 Class Schedule and Teaching Staff

Your Class Schedule

ClassDaysTimeRoomLecturer

(A) 8551Mon/Thurs9am to 11amLaw 202Kildea

(B) 8552Mon/Thurs11am to 1pmLaw 202Kildea

(C) 8553Mon/Thurs 2pm to 4pmMon - Law 163Thurs - Law 275Brennan

(D) 8554Tues/Fri11am to 1pmLaw 302Hartley

(E) 8555Tues/Fri2pm to 4pmTues - Law 202Fri - Law 162Welsh

(F) 8556Tues/Fri9am to 11amLaw 275Pillai

Times, venues & dates should be confirmed by consulting the Law School website at: http://www.law.unsw.edu.au/current_students/timetable/index.asp

Your TeachersIt is the policy of UNSW Law as far as possible to allow teachers to teach in their area of research and expertise. This means that students are exposed to academics and researchers who are experts in their fields. The areas of expertise of this course vary.

Sean Brennan (convenor)Sean Brennan is an Associate Professor at UNSW Law and Director of the Indigenous Legal Issues Project in the Gilbert + Tobin Centre of Public Law (www.gtcentre.unsw.edu.au). After graduating from the ANU he was an Associate to a Federal Court judge and then a caseworker and community legal educator at Inner City Legal Centre. Between 1994 and 1998 he worked with Cape York Land Council and other Aboriginal organisations. From 1999 to 2002 he was a Research Specialist in the Commonwealth Parliaments research service, advising mainly on Indigenous legal issues and public law. In 2002 he joined the Law School as a Lecturer and the Director of the Treaty Project in the Gilbert + Tobin Centre of Public Law. He is the co-author (with Larissa Behrendt, Lisa Strelein and George Williams) of Treaty (Federation Press, 2005) and McRae et al, Indigenous Legal Issues: Commentary and Materials (Thomson Reuters, 4th ed, 2009). His primary areas of teaching and research are constitutional law, native title and Indigenous legal issues.

Jackie HartleyJackie Hartley is a PhD candidate and Nettheim Doctoral Teaching Fellow at UNSW Law, and in 2013 a Visiting PhD Scholar at the ANU Centre for International Governance and Justice. Jackie has previously worked as a Senior Policy Officer with the Australian Human Rights Commission and as a Policy Analyst with the First Nations Summit, West Vancouver, Canada. Jackie has practised in litigation and employment law, and taught both Australian history and Public Law at UNSW. Jackie holds a Master of Laws from the Indigenous Peoples Law and Policy Program, University of Arizona. She also holds a Bachelor of Arts (Hons) and a Bachelor of Laws from UNSW, where she obtained the University Medal in History. Jackie was awarded the Fulbright Postgraduate Australian Alumni (WG Walker) Award and the Lionel Murphy Postgraduate Scholarship for 2006. She is a member of the Editorial Panel of the Australian Indigenous Law Review and co-editor of Realizing the UN Declaration on the Rights of Indigenous Peoples: Triumph, Hope, and Action (2010).

Paul KildeaPaul Kildea is a Lecturer at UNSW Law, and the Director of the Referendums Project at the Gilbert + Tobin Centre of Public Law. He holds undergraduate law and history degrees, and a PhD in political science, from UNSW. His recent work focuses on the constitutional status of intergovernmental relations, and citizen participation in the process of constitutional reform in Australia. He is a co-editor of Tomorrows Federation: Reforming Australian Government (Federation Press, 2012), and has authored various journal articles and conference papers on federalism and constitutional reform. In addition to his academic research, Paul contributes frequently to parliamentary inquiries and media debate on public law issues.Prior to joining the Faculty of Law, Paul worked at the federal Attorney-Generals Department and taught Australian politics at the Faculty of Arts and Social Sciences at UNSW.

Sangeetha PillaiSangeetha holds undergraduate degrees in Arts (Politics & International Relations) and Law (Hons 1) from UNSW, and a Master of Laws from the University of Sydney. She spent a year teaching English in Peru and Ecuador, before returning to Sydney to practise in the Litigation & Dispute Resolution department of Allens Arthur Robinson. Since joining UNSW in 2011, Sangeetha has worked as a research assistant for the Gilbert + Tobin Centre for Public Law, and has taught Public Law and Legal Research. She is currently undertaking a PhD focusing on the operation of Australian citizenship in the context of anti-terror laws, as part of the Laureate Fellowship Project Anti-Terror Laws and the Democratic Challenge.

Rebecca WelshA graduate of the University of Wollongong, Rebecca has held positions as a Clerk to Senior Counsel in personal injury litigation, as a legal officer with the Commonwealth Attorney-Generals Department in the areas of National Security Litigation and Native Title and with DLA Phillips Fox in the Insurance Litigation & Dispute Management division. Following this experience Rebecca joined the Gilbert + Tobin Centre for Public Law Terrorism Law Project and is presently undertaking PhD research on counter-terrorism control and preventative detention orders and the separation of judicial power, this research being part of the Australian Laureate Fellowship Project Anti-Terror Laws and the Democratic Challenge. Rebecca has published articles and spoken at a number of international conferences on Australian and comparative counter-terrorism and constitutional law.

The wealth of research and experience of all of these teachers ensures that this course is both current and relevant, as the course description below indicates.

1.2 MoodleAs a student in this course you will have access to the Moodle course page. This is an online materials and support site designed to complement your learning. Students are provided with personalised usernames (z plus your Student ID number) and passwords (zpass) to login and access information and resources specifically related to the course in which you are enrolled. Information typically found on the site are course outlines, course handouts, links to law library, feedback from lecturers, discussion areas and email facilities. Students should log in at least once a week.

To login proceed to the TELT Gateway: http://teaching.unsw.edu.au/students

1.3 Course Description This course introduces students to the study of public law, including its history, institutions, methods of reasoning and fundamental principles. Students will acquire an understanding of the introductory principles and theories of administrative and constitutional law as they apply to the essential features of the Australian system of government. The course exposes students to this material through an examination of Australias hybrid constitutional inheritance from the United Kingdom and United States, as adapted in the creation and subsequent development of the federal Commonwealth. In doing so it also examines the implications of colonisation for Indigenous legal systems and assertions of Crown sovereignty. The role, powers and interrelationship of the three arms of government are considered in contemporary as well as historical context, as are the issues of rights protection and constitutional change. The course prepares students for their later study of the courses Administrative Law and Federal Constitutional Law and also introduces students to the fundamentals of the skill of statutory interpretation in the public law context.

1.4 Aims

The aims of the course are to ensure that you are familiar with the central principles of public law and some of the surrounding intellectual debates, to make you an effective exponent of statutory interpretation in a public law context and to develop your capacities for sophisticated legal discussion of a discursive and analytical kind.

1.5 Graduate Attributes & Learning Outcomes

UNSW graduate attributes (GAs) are developed through UNSW Law program learning outcomes (PLOs) and the course learning outcomes (CLOs) of individual courses.

GAs A UNSW graduate is expected to attain these attributes

PLOs A UNSW Law graduate is expected to achieve these outcomes

CLOs A graduate of a specific course is expected to achieve these outcomes

UNSW Graduate AttributesUNSW aspires to develop graduates who are rigorous scholars, capable of leadership and professional practice in a global community. More information is available at: https://my.unsw.edu.au/student/atoz/GraduateAttributes.html

UNSW Law Program Learning OutcomesThe UNSW Law PLOs are:

KnowledgeGraduates of UNSW Law will understand and appreciate:1. Legal knowledge in its broader contexts 2. Indigenous legal issues 3. Principles of justice and the rule of law Analytical SkillsGraduates of UNSW Law will have developed the skills of:4. Statutory interpretation and analysis 5. Legal reasoning 6. Legal research and writing 7. Reform-oriented analysis of law and policy8. Application of interdisciplinary perspectives to legal issuesProfessional Skills Graduates of UNSW Law are professionals with:9. Communication skills10. Interpersonal skills 11. Professional and ethical dispositions and values12. Capacities for self-management

Course Learning OutcomesStudents successfully completing this course will have achieved the following CLOs:

1. Demonstrate comprehension of principles of public law and their relationship to Australian government (PLOs 1, 2, 3).2. Explain the origins and later adaptations of Australian public law (PLO 1). 3. Engage in critical analysis of how the principles of Australian public law operate to support and constrain the exercise of governmental power (PLOs 1, 5).4. Develop an awareness of the principles of statutory interpretation and demonstrate a capacity to apply them in a public law setting (PLO 4).5. Demonstrate effective written communication skills by articulating legal concepts clearly, persuasively and appropriately (PLOs 5, 6).6. Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner (PLOs 5, 9)

The CLOs for this course contribute to several of the 12 PLOs for the overall Law program.

2ASSESSMENT

2.1Assessment Scheme

Assessment for this course comprises three components: Class participation20Mid-session assignment (released end of Week 6, due week 8)30Final examination (open book) 50 100

(a) Class participation Students must attend a minimum of 80% of classes to be eligible to undertake assessment in this course. Assessable class participation is designed to

encourage preparation for class encourage students to learn, think, analyse, reflect and evaluate legal material prior to covering that content in class assist students to develop the capacity to think clearly and to present oral arguments

It is also believed that as students will necessarily put much effort into class preparation, it is fair that they receive some reward for this work.

(b) Mid-session assignment released Friday 19 April, due by 4pm Tuesday 30 AprilThis take-home assignment will both test your knowledge and understanding of the principles relevant to statutory interpretation in a public law context and assess your skills in applying that knowledge to particular statutory provisions.

Limits:The page limit for the mid-session assignment is 4 pages. All papers should be typed using the font of Times New Roman 12pt with double line spacing throughout and a 3cm margin on all sides. (Please do not attempt to circumvent these requirements by using 11pt or altering the spacing and margins such variations are easy to spot and you will be asked to resubmit the paper in the correct format!).

In order that well-referenced papers are not disadvantaged by the page limits, the paper is to be referenced by means of endnotes rather than footnotes. Incomplete or inaccurate referencing will attract a penalty. Students should follow the advice on referencing found in the Australian Guide to Legal Citation which can be found at www.law.unimelb.edu.au/mulr/aglc. Material, other than endnotes, beyond the 4 page limit will not be read. Endnotes are for referencing, not the subversion of the word limit. There is no 0-10% tolerance regarding word length in this course.

Students must also upload their paper on Moodle so that these may be processed using the Turnitin software which picks up excessive similarity between papers and acts as a check on student plagiarism. Papers must be loaded on to Moodle no later than 6.00pm on 30 April. For more information on uploading your paper via Moodle using Turnitin, see http://teaching.unsw.edu.au/moodle-students-turnitin.

(c) Final examinationThe exam, worth 50% of the final grade, will be based upon work covered throughout the semester. It will involve essay style questions. The best way to prepare for the exam is to keep up with the reading for every class and to participate in class.

The exam will be held in the Universitys formal examination period and will be open book. The rationale behind offering an examination at the end of semester is to enable students to develop their understanding of the subject matter over the course and demonstrate integrated knowledge of its contents. The exam is open book because it is not simply a memory test but an opportunity for students to demonstrate a deeper analysis of the issues.

Request for special consideration:If you are asking for Special Consideration (e.g. an extension to the due date for an assignment), please follow the procedure outlined at: https://my.unsw.edu.au/student/atoz/SpecialConsideration.html

2.2Assessment Criteria and Overall Grading

CriteriaMarking criteria for class participation: These criteria are indicative rather than prescriptive and intended in a general way to illustrate the standard of participation required to achieve a given grade.

HDExceptional standard of participation. D Attends class, engages in group work, shows interest, always well prepared for class, contributes very constructively to class discussion, and demonstrates analytical/critical thought. C Attends class, engages in group work, shows interest, prepared for class, contributes positively to class discussion. P Attends class, engages in group work, evidence of preparation for class, reasonable contribution to class discussion. F Lower standard than above.

Marking criteria for mid-session assignment:The criteria by which the mid-session assignment will be assessed will, of course, relate to the specific questions, but in general we are looking for students to demonstrate:

intelligent and thoughtful analysis of the questions asked; succinctness, clarity, relevance and insight; awareness of the principles of statutory interpretation; the capacity to apply those principles in a public law setting.

Marking criteria for final exam:The criteria by which the exam will be assessed will, of course, relate to the specific questions, but in general we are looking for students to demonstrate:

understanding of the course content and ability to apply it appropriately to the assessment task at hand; ability to critically appraise the frameworks and assumptions that underpin the course; intelligent and thoughtful analysis of the questions asked; succinctness, clarity, relevance and insight; ability to discuss materials beyond merely describing them and their contents.

GradingThis is consistent with the criteria as set out above.

High Distinction [85% and over]: demonstrates an extensive understanding of the concepts studied and the commensurate high order ability to analyse and evaluate the law, policy goals and the broader legal, economic and social context in which public law operates.

Distinction [75% to 84%]: demonstrates a thorough understanding of the concepts studied and a strong ability to analyse and evaluate the law and policy goals in the public law context.

Credit [65% to 74%]: demonstrates a sound understanding of the concepts studied and the unambiguous ability to analyse and evaluate the law and policy goals in the public law context.

Pass [50% to 64%]: demonstrates a basic understanding of the concepts studied and has some demonstrated ability to analyse and evaluate the law and policy goals in the public law context.

Fail [less than 50%]: demonstrates insufficient understanding of the concepts studied AND/OR fails adequately to demonstrate ability to analyse and evaluate the law and policy goals in the public law context.

2.3 Assessment Timetable Links to Learning Outcomes Assessment Type Date DueMarksLink to CLOs

Class Participation Each class20 1, 2, 3, 6

Mid-session assignmentTues 30 April 4pm

30 1, 3, 4, 5

Examination of 2 hours (+ 10 mins reading time)Date to be set by examinations unit 50

1, 2, 3, 4

2.4 Formal Matters Relating to Assessment

Procedures for submission of assignmentsAssignments are to be submitted via the Assignment Box located at the Student Services Office, Level 2 Law Building, law@unsw.edu.au, 02 9385 2227. The Assignment Box is cleared daily at 9 am and 4 pm. After 4pm the work will be cleared and date stamped by administrative staff on the following working day. You must complete and sign a cover sheet when submitting assignments. The Assignment Cover Sheet is available at http://www.law.unsw.edu.au/current-students/my-academic-life/forms. Please read the below information carefully before submitting an assignment.

Students must also upload their paper on Moodle so that these may be processed using the Turnitin software which picks up excessive similarity between papers and acts as a check on student plagiarism. Papers must be loaded on to Moodle no later than 6.00pm on 30 April. For more information on uploading your paper via Moodle using Turnitin, see http://teaching.unsw.edu.au/moodle-students-turnitin. Please also keep a hard copy of your assignment.

Assessment PolicyInformation produced by the UNSW LAW School regarding assessment is available at: http://www.law.unsw.edu.au/current-students/my-academic-life/assessment. Please be aware of:

Class AttendanceRegular attendance at classes is expected. UNSW Law places great emphasis on the idea that participation in the classes is crucial for learning the law. We use seminar-style learning and teaching methods, so you have many opportunities to participate in class discussions. By being present and active in class, you will learn more. There is also a requirement that students attend a minimum of 80% of classes in each course. A student who does not attend at least 80% of classes may be refused the right to sit the final exam or to submit the final assignment, unless they can provide adequate reasons to explain absences. Student Services will send an email to students at risk of being refused final assessment. A student who is to be refused the right to final assessment will be notified by registered mail.

Late WorkPenalties will apply for any work submitted after the due date and time unless you have obtained an extension prior to the date for submission. The penalty applied will be 5% of the available marks for that assignment for each day or part thereof that the essay is late up to a maximum of 50% penalty. No work will be accepted once papers have been returned to other students.

Word LimitsThe page limit for the mid-session assignment is 4 pages. All papers should be typed using the font of Times New Roman 12pt with double line spacing throughout and a 3cm margin on all sides. (Please do not attempt to circumvent these requirements by using 11pt or altering the spacing and margins such variations are easy to spot and you will be asked to resubmit the paper in the correct format!).

In order that well-referenced papers are not disadvantaged by the page limits, the paper is to be referenced by means of endnotes rather than footnotes. Incomplete or inaccurate referencing will attract a penalty. Students should follow the advice on referencing found in the Australian Guide to Legal Citation which can be found at www.law.unimelb.edu.au/mulr/aglc. Material, other than endnotes, beyond the 4 page limit will not be read. Endnotes are for referencing, not the subversion of the word limit. There is no 0-10% tolerance regarding word length in this course.

MarkingYour teachers are committed to ensuring that all marking is fair and comparable across all class groups. The main mechanism for ensuring fairness is that teachers will work towards producing similar marking profiles for all classes. In addition, any students in danger of failing will have their work double-marked.

Do you have questions about your assessment? The first step is to re-read your work in the light of the markers comments and feedback. You may then contact your lecturer to discuss your work and to request further feedback. If you are still unsatisfied, you may discuss your work with the Course Convenor. To apply for a mark to be reviewed you must follow the UNSW policy. See the following website for further details: https://my.unsw.edu.au/student/academiclife/assessment/Results.html

Illness or MisadventureIf your performance is affected by illness or misadventure you should notify your teacher as soon as possible, preferably with a medical certificate or other documentary evidence of your special circumstances.

If you miss a class through illness or misadventure, you should provide documentation to your teacher at the soonest opportunity. If your performance in assessments is affected by illness or misadventure, you should notify your teacher and the course convenor, and submit a Special Consideration request form. The process and form is available at: https://my.unsw.edu.au/student/atoz/SpecialConsideration.html

WorkloadYou are expected to read the assigned readings prior to each class; the readings assigned for each class will be found in this course guide. As a guide, undergraduate students are expected to read for no less than 1 hour for every hour taught, while postgraduate students are expected to read for at least 2 hours for every hour taught.

FeedbackUNSW Law appreciates the need for students to have feedback on their progress prior to the last date for withdrawal without failure. All courses will therefore provide feedback to students prior to this date, as well as throughout the course. However, students should note that feedback does not take the form only of formal grades and written comments on written assessments. Rather, formative feedback, which helps students to self-assess, to identify misunderstandings, and to identify areas requiring further work, will occur during class. For example, where a lecturer asks the class a question, all students should think about how they might answer. Even though not all students will necessarily be able to respond orally, everyone can reflect on their tentative answer in light of the lecturers response and subsequent class discussion. If you are struggling to understand what is being asked in class, or if your tentative answers prove incorrect and subsequent discussion does not clear things up, then you should continue to ask questions (of yourself, your peers or your lecturer). Similarly, you can get a sense of your ability in a course through peer feedback during group work, your lecturers responses to your in-class contributions, and your own response to in-class problems and examples (whether or not you are called on to relay your answer to the class).

In this course, feedback will include teacher responses to comments and questions from students, written feedback on the mid-session assignment, a provisional class participation mark with the return of the mid-session assignment and in-class discussion of answers and marker comments on the mid-session assignment.

Academic Misconduct & PlagiarismAll essays and assignments must be accompanied by the UNSW Law assignment cover sheet, which includes a declaration regarding academic misconduct.

It will be assumed that you are thoroughly familiar with the policies of UNSW and UNSW Law regarding academic misconduct and plagiarism. Ignorance of the rules is not an acceptable defence against an allegation of misconduct. See the following website for further details https://my.unsw.edu.au/student/academiclife/assessment/AcademicMisconduct.html.

3COURSE MATERIALS AND READING GUIDE

3.1Course Materials

Prescribed text

Tony Blackshield and George Williams, Australian Constitutional Law & Theory: Commentary and Materials (5th ed, Federation Press, 2010)

You will need a copy of this edition of the book and must bring it to every class. The book is available through the UNSW Bookshop. The Abridged version of the fifth edition that is also available from Federation Press does not contain a significant proportion of the prescribed reading for this course. Should any updates to the required text need to be downloaded, as directed during the semester, these are available from the publishers website at www.federationpress.com.au/supplements.

Additional prescribed materials These will be made available electronically for specific classes via the Moodle course site.

Recommended materialsIf you need to improve or brush up on your general knowledge of Australias legal and political system we suggest Saunders, C, Its Your Constitution: Governing Australia Today (Federation Press, 2nd ed, 2003); or Singleton, G, Aitkin, D, Jinks, B, and Warhurst, J (eds), Australian Political Institutions (Pearson, 10th ed, 2012).

For an additional text that will reinforce material covered in this course (as well as aspects of the later core course in Federal Constitutional Law), we recommend:

Saunders, C, The Constitution of Australia: A Contextual Analysis (Hart, 2011).

In addition we recommend these texts:

Clark, D, Principles of Australian Public Law (LexisNexis, 3rd ed, 2010); Reilly, A, Appleby, G, Grenfell, L and Lacey, W, Australian Public Law (Oxford, 2011).

3.2Reading Guide

The abbreviation B&W refers to the prescribed text.

The abbreviation Mat refers to the additional prescribed materials available via Moodle (Mat 1A means the additional prescribed materials for Class 1A, Mat 1B the prescribed materials for Class 1B etc).

1A INTRODUCTION AND CONSTITUTION EXERCISE

Please bring to class if you can a copy of the Australian Constitution in electronic or hard copy form. There is a copy in B&W 1371-87 (Appendix 1).

Reading:

The Rule of Law in a Global Context Mat 1A (Tamanaha)

1B CONSTITUTIONALISM AND THE RULE OF LAW

Reading:

Constitutionalism and the rule of law B&W 1-11 (to mid-page paragraph ending ...House of Representatives.) Mat 1B (Tomkins, French, Tamanaha, Turpin & Tomkins)

2A A WASHMINSTER HYBRID

Reading: A structural overview of the Australian system of public law Mat 2A (Goldsworthy, Administrative Review Council)

Introduction liberal ideas Mat 2A (Tamanaha)

Models for designing an Australian Constitution Mat 2A (Irving)

Features of the US and UK models Mat 2A (Gageler)

2B CONTESTED TRADITIONS: POLITICAL AND LEGAL CONSTITUTIONALISM Reading: Classical Diceyanism and contemporary challenges B&W 83-85 (Chapter 2, section 4 to end of Dicey extract) B&W 86 (Goldsworthy extract) B&W 88-90 (Allan and Dicey extracts) B&W 95-97 (Dicey, Jennings, Dicey extracts) Mat 2B (Twomey)

Judicial review and contemporary challenges B&W 4-6 (re-read Marbury v Madison extract) Mat 2B (Stubbs, Stone, Eisgruber)

Characteristics of Australian constitutionalism Mat 2B (French, Saunders & Le Roy, Mason)

Administrative law as an embodiment of constitutional and other values Mat 2B (Administrative Review Council)

3A INDIGENOUS SOVEREIGNTY AND CROWN SOVEREIGNTY

Reading: Overview B&W 152-153 (Chapter 4, section 1)

Sovereignty and self-determination Mat 3A (Brennan et al pp 70-81) B&W 178 (Social Justice Commissioner extract) B&W 183-184 (to paragraph ending ...and the drafting of binding treaties.)

Treaty-making overseas Mat 3A (Brennan et al pp 87-94)

Agreement-making in Australia Mat 3A (Expert Panel pp 191-197)

Conclusion B&W 195-197 (from para commencing Attention has also focused... to end of French extract)

3B INDIGENOUS PEOPLE, VOTING & THE CONSTITUTION / THE CLVA AND THE PATH TO FEDERATION Reading: Race and the Australian Constitution Mat 3B (Expert Panel pp 13-19)

20th / 21st Century developments Mat 3B (Expert Panel pp 26-42)

The reconciliation process B&W 190 (Chapter 4, section 4(c) to the paragraph ending ...law in force in Queensland.)

Expert Panel recommendations 2012 Mat 3B (Expert Panel pp xxviii-xix)

***

From the CLVA 1865 to Federation B&W 118-127 (Chapter 3, sections 2-3)

Suggested further reading: RS French, Australias Constitutional Evolution, 20 January 2010, pp 2-15www.hcourt.gov.au/assets/publications/speeches/current-justices/frenchcj/frenchcj20jan10.pdf

4A THE ACQUISITION OF LEGAL INDEPENDENCE AND POPULAR SOVEREIGNTY Reading: The Colonial Legacy and the Statute of Westminster B&W 127-131 (Chapter 3, sections 4 and 5 to the para ending ...until the Australia Act 1986.)

The Australia Act and popular sovereignty B&W 141-150 (Chapter 3, sections 7-8)

An evolutionary story Mat 4A (French, Saunders)

4B NO CLASS ON 28/29 MARCH DUE TO PUBLIC HOLIDAY

5A THE LEGISLATURE (1) Reading: History Mat 5A (Thompson pp 2-9, 12-17)

Composition: Eligibility, Representativeness and Diversity B&W 402-410 (Chapter 9, section 4) Mat 5A (Thompson pp 17-21)

Powers and Functions: Representation, Legislation, Accountability Representation and legislation functions: Mat 5A (Saunders pp 109-117, 130) Accountability function: dealt with in Class 6B

Accountability of Parliament Judicial review of primary legislation: see Mat 2B (Stone) Judicial scrutiny of parliamentary proceedings: B&W 570 (3 paras of commentary) and Mat 5A (Mantziaris) Elections: dealt with in Class 5B

5B THE LEGISLATURE (2)

Reading: Voting rights at federal elections B&W 367-381 (Chapter 9, section 3(a)-(c)) Book supplement (www.federationpress.com.au/supplements): Rowe v Electoral Commissioner [2010] HCA 46 (15 December 2010), pp 1-9 please ensure you access and read in advance of your class. B&W 88-89 (From commentary commencing In recent times... to end of p 89)

Suggested further reading Mat 5B (Orr, Twomey)

6A STATUTORY INTERPRETATION (1) Readings will be provided prior to class

6B STATUTORY INTERPRETATION (2)

Readings will be provided prior to class

READING WEEK

MID-SESSION ASSIGNMENT DUE 4PM TUESDAY 30 APRIL IN WEEK 8

8A STATE CONSTITUTIONS AND STATE LEGISLATIVE POWER Reading: State legislative power B&W 426-40 (Chapter 10, sections 1-2)

Manner and form B&W 440-45 (to para in middle of 445 ending ... the Colonial Laws Validity Act.)

8B THE EXECUTIVE (1)

Reading:

History and Composition B&W 1285-1286 (extract from Lange commencing mid-1285 to end of extract 14 lines from top of 1286) B&W 466 (first two paras of commentary) Mat 8B (Saunders pp 165-167)

Power B&W 480-494 (Chapter 11, section 3(a)) Mat 8B (Saunders pp 176-182) Book supplement (www.federationpress.com.au/supplements): Williams v Commonwealth [2012] HCA 23 (15 December 2010), pp 1-2 (to last full para on p 2 ending after the hearing), pp 7 (five lines from bottom of page) 9 (end of Heydon J extract) please ensure you access and read in advance of your class.

Accountability: the example of delegated legislation Mat 8B (Saunders pp 131-133) B&W 513-521 (Chapter 11(3)(c))

9A THE EXECUTIVE (2)

Reading:

Accountability: judicial review of administrative action Materials 9Ai awaiting publication of new edition of relevant text

Accountability: non-judicial methods responsible government B&W 105-109 (Chapter 2, section 4(d)) Mat 9A (Thompson)

9B THE EXECUTIVE (3)

Reading: Accountability: non-judicial methods responsible government (contd) B&W 521-528 (Chapter 1, section 4(a))

Integrity institutions Mat 9B (Saunders)

Merits Review Mat 9B (Downes)

Ombudsman Mat 9B (Creyke and McMillan)

10A THE JUDICIARY (1) Reading:

History and overview Mat 10A (Oxford Companion entries: establishment, jurisdiction, leave to appeal and role of counsel)

Composition and appointments B&W 539-541 (Chapter 12, section 2(a)) Mat 10A (Oxford Companion entry: background of judges)

10B THE JUDICIARY (2) Reading: Power B&W 606-10 (Chapter 13, section 3)

Judicial independence and the separation of judicial power Mat 10B (Oxford Companion entry: judicial independence) B&W 594-606 (Chapter 13, sections 1-2) Mat 10B (Stellios)

Exceptions B&W 618-620 (ending just before section 5(a)) B&W 622-634 (Chapter 13, sections 5(b) and 6)

11A THE JUDICIARY (3) Reading:

Accountability Mat 11A (Oxford Companion entries: accountability, removal) B&W 541-543 (Chapter 12, section 2(b)) materials will be made available regarding recent Commonwealth reforms

11B RIGHTS PROTECTION (1) Reading: Introduction Mat 11B (Roach extract) B&W 1150-1155 (Chapter 26, section 1)

Parliament Mat 11B (Williams and Burton)

Common law B&W 100 (start of page) -102 (paragraph ending ...or maxims.) Mat 11B (Meagher, Spigelman)

12A RIGHTS PROTECTION (2) Reading: Bills and Charters of Rights B&W 1356-1368 (Chapter 30, section 4) Mat 12A (Galligan, Gardbaum and Williams and Burton)

12B CONSTITUTIONAL CHANGE Reading: Overview B&W 1340-1345 (Chapter 30, sections 1-2) Mat 12B (Bennett and Brennan, Saunders)

The People and the Judges Mat 12B (Coper)

Expert Panel on Indigenous Recognition Mat 12B (Expert Panel)

13A CURRENT ISSUE IN PUBLIC LAW Reading:

The content of this class depends on contemporary events and will be determined and notified in the second half of the semester.

13B REVIEW CLASS No prescribed reading

4 ADDITIONAL RESOURCES FOR STUDENTS

UNSW and the Law School are committed to providing study and welfare services to support you during your enrolment. A complete list of services and contact details is available at http://studentlife.unsw.edu.au/services/.

Notice on Distressing Course MaterialThere may be times when you may become distressed as a result of studying the material in your course. If that is the case you may wish to contact the free and confidential Counselling & Psychological Service at the University directly on 9385 5418 or www.counselling.unsw.edu.au, or speak to your lecturer who may assist you to contact this service.

Student Equity and Disabilities Unit If you who have a disability that requires some adjustment in your teaching and learning environment, you should discuss your study needs before the beginning of the course with the Equity Officer in the Student Equity and Disabilities Unit (SEADU). Issues discussed may include access to materials, signers or note-takers, the provision of additional services, and alternate exam and assessment arrangements. SEADU are experts in both the analysis of different kinds of disabilities and their impacts, so they are in a good position to design adjustments to the teaching and learning environment. You need to be registered with SEADU in order for these adjustments to be put in place. SEADU will give you a letter outlining these adjustments which you then pass on to your lecturer and course convenor. More information and contact details are available at www.studentequity.unsw.edu.au.

Occupational Health & SafetyUNSW is dedicated to ensuring a safe and healthy working and learning environment. Information on student safety is available at http://www.ohs.unsw.edu.au/ohs_students/index.html and a full list of OHS policies is available at http://www.ohs.unsw.edu.au/ohs_policies/

Student Services For all administrative matters in relation to your course please contact the Student Services, Level 2, Law Building (Building F8 on the lower campus), open Monday, Tuesday, Thursday and Friday 10am 4pm and Wednesday 10am 1pm. You may also email law@unsw.edu.au or telephone (02) 9385 2227.

5 CONTINUAL COURSE IMPROVEMENT

5.1 CATEI Evaluation Policy Student feedback is very important to continual course improvement. This is demonstrated within the Law School by the implementation of the UNSW Course and Teaching Evaluation and Improvement (CATEI) Process, which allows students to evaluate their learning experiences in an anonymous way. The resulting evaluations are ultimately returned to the course convenor, who will use the feedback to make ongoing improvements to the course.

5.2 Course Evaluation and Quality Enhancement for this Course.

The Principles of Public Law course is an outcome from the Law Schools major curriculum review which commenced in 2010. The previous 3uoc course Public Law has undergone a thorough revision in terms of curriculum and assessment and has expanded from one to two classes per week. Some content has been deleted, new topics and materials have been added and the assessment scheme has been improved. Student feedback, both informal and through the CATEI process, has been influential in the design of the new course.

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