This unit of study is designed to introduce the constitutional framework and principles that underpin government in Australia. The central themes of this unit are the accountability of government to the people under the Australian constitutional system of representative and responsible government; and structural protections from for individual liberty derived from the judiciary chapter of the Australian Constitution (‘Ch III’). The focus is on understanding the types of public power that exist under the Australian Constitution, identifying limits on those powers and the source/s of those limits. We begin with an introduction to the Constitution, its history, and the structures established by it, together with the position of First Nations. We consider rigidity and flexibility in constitutional arrangements through examining the supremacy of legislation; the constitutional role of statutory interpretation; amending the Constitution; and manner and form restrictions on state laws. The unit of study then moves to consider the three arms of government and related concepts. In relation to the legislature, the focus is on understanding the representative character of the Commonwealth parliament and parliamentary oversight of delegated legislation. The discussion of the executive focuses on the principles of responsible government and different forms of non-statutory executive power. We then look at selected mechanisms for holding the executive to account: freedom of information; and integrity bodies. Consideration of the judiciary focuses on the terms of Ch III of the Constitution which separate judicial power and protect the institutional integrity of the courts.
Unit details and rules
Academic unit | Law |
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Credit points | 6 |
Prerequisites
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LAWS5000 |
Corequisites
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None |
Prohibitions
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|
LAWS1021 |
Assumed knowledge
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None |
Available to study abroad and exchange students | No |
Teaching staff
Coordinator | Rayner Thwaites, rayner.thwaites@sydney.edu.au |
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Lecturer(s) | Grant Hooper, grant.hooper@sydney.edu.au |