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  3. Elements of Legislation

Elements of Legislation (LAWS70417)

Graduate coursework level 7Points: 12.5Not available in 2019

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Overview

Year of offerNot available in 2019
Subject levelGraduate coursework Level 7
Subject codeLAWS70417
FeesSubject EFTSL, Level, Discipline & Census Date

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.

Intended learning outcomes

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.

Last updated: 17 September 2019