Elements of Legislation

This subject is not offered in 2016.

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

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.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

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/

Do judges make law? If they do, how is the law that they make different from that which legislatures make? Do legislatures have intentions? In legal systems that subscribe to the principle of legislative supremacy, are there any limits to what the legislature can enact? Is it better that courts be constitutionally entitled to review the legality of laws that legislatures enact? Absent this entitlement, what can courts do with those laws? This course has students consider these questions by examining the law-making functions of legislatures and courts, idea of legislative intent, the concepts of legislative supremacy and judicial review, the concept of ex post facto law and the core principles of statutory construction.

Principal topics will include:

• Enacted and judge-made law
• Legislative intent and supremacy
• Ex post facto law
• Judicial review of legislation
• Statutory interpretation.

A student who has successfully completed this subject will:

• Have a sound understanding of the concept of legislation.
• Be able to explain key debates and problems concerning legislative supremacy, legislative intent, constitutional adjudication, and retrospective law making.
• Have a sound understanding of the main principles of statutory interpretation.

Take-home examination (100%)

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.

This subject is not available as a breadth subject.

This subject has a quota of 30 students. Please refer to the website www.law.unimelb.edu.au/masters/courses-and-subjects/subjects/subject-timing-and-format for further information about the management of subject quotas and waitlists.