Note: This is an archived Handbook entry from 2016.
|Dates & Locations:|| |
This subject is not offered in 2016.
|Time Commitment:||Contact Hours: The total class time is between 24 and 26 hours. |
Total Time Commitment:
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.
This subject is an advanced constitutional law subject. It is not appropriate for students who have not previously studied constitutional law.
|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:
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 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 consider the particular position of Territory courts. Both instructors regularly advise the Commonwealth and state governments concerning constitutional matters, and appear in the High Court in such matters.
Principal topics include:
A student who has successfully completed this subject will:
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.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
|Links to further information:||www.law.unimelb.edu.au/subject/LAWS70424/2015|
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.
Graduate Diploma in Government Law |
Graduate Diploma in Legal Studies
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Master of Public and International Law
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