Note: This is an archived Handbook entry from 2013.
|Dates & Locations:|| |
This subject has the following teaching availabilities in 2013:May, Parkville - Taught on campus.
Timetable can be viewed here. For information about these dates, click here.
|Time Commitment:||Contact Hours: The total class time is between 24 and 26 hours. |
Total Time Commitment: Not available
|Recommended Background Knowledge:||
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
|Non Allowed Subjects:||None|
|Core Participation Requirements:||
The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/
For more information, contact the Melbourne Law Masters office.
This subject will explain and critically analyse the principles relating to the exercise of judicial power by federal, state and territory courts. We will start with the fundamental requirements that federal courts may only exercise judicial power, and federal judicial power may only be exercised by certain types of courts. Where is the boundary between judicial and non-judicial power? What is the doctrinal basis for and likely future of the exceptions? What is the boundary between federal and state judicial power? We will consider aspects of the High Court’s original and appellate jurisdictions. We will then turn to the essential characteristics of state courts, the exercise of federal jurisdiction by state courts, and the recent line of High Court cases striking down laws that detract from the institutional integrity and independence of state courts. Lastly, we will consider the rules of precedent that operate in an ‘integrated’ judicial system. Both instructors regularly advise the Commonwealth and state governments concerning constitutional matters, and appear in the High Court in such matters.
Principal topics will include:
A student who has successfully completed this subject will:
Take-home examination (100%) (5–8 July)
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
|Links to further information:||http://www.law.unimelb.edu.au/subject/LAWS70424/2013|
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