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Principles of Public Law (LAWS50024)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Semester 1
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
June
Academic Support Office
Melbourne Law School
law-aso@unimelb.edu.au
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability | Semester 1 June |
---|---|
Fees | Look up fees |
Principles of Public Law offers a foundation understanding of the fundamental principles of both domestic and international public law, in a manner that integrates the two as far as possible, to reflect their increasing interdependence in conditions of internationalisation and globalisation.
The subject will canvass the manner in which power is organised within a state; the framework of international law within which states operate; and the relations between people and states, from the standpoint of both domestic and international law. It will thus deal with institutions of government and their operation; principles and procedures for the protection of human rights; the sources of international and domestic law; and the relationship between them. The subject will seek to explain how the principles of public law came to take their current form; to encourage critical evaluation of them, from the standpoint of both theory and practice; and to identify evolutionary trends and forces for change.
The subject is primarily concerned with the development and application of the principles of public law in the context of Australia. Nevertheless, the curriculum will deliberately draw on experience elsewhere, particularly (although not exclusively) in other common law legal systems. The subject-matter will be illustrated throughout by reference to contemporary issues, both to aid understanding and to encourage students to develop an informed view on questions of current importance. It will provide a basis on which subsequent subjects may build, including the compulsory subjects Constitutional Law and Administrative Law and the optional but popular subject Public International Law.
Finally, the subject will contribute to the development of the legal and generic skills of the students enrolled in it. It will build on the material covered in Legal Method and Research with respect to case analysis, statutory interpretation, legal problem solving and the communication of legal ideas in written and spoken form. It will take special responsibility for the development of skills in relation to the understanding and application of statutes, which in any event is integral to the subject matter of public law.
Intended learning outcomes
On completion of this subject, students should be able to:
- describe and critically analyse the concept of public law in common law legal systems and the historical process by which it developed; the relationship between common law and statute; the territorial limits of law; the use of discretion in public international law; andt he nature, principal sources and institutional structures of public international law.
- apply foundational concepts of public law in common law legal systems to solve or respond to identified public law problems and issues; and apply foundational concepts of public international law to solve or respond to public international law problems and issues.
- describe, critically reflect upon and debate the relationship between national and international public law in common law legal systems; the distinction between public and private law in common law legal systems; the role of courts in a common law legal system and the interface between courts and other branches of government; the process of the historical evolution of the Australian constitutional and legal systems and its contemporary significance in Australia; the significance of the use of a written entrenched Constitution; and the historical and theoretical framework for written Constitutions in Australia.
- use the techniques and practices that underpin public law, including principles of statutory interpretation, to analyse and resolve questions or problems that arise in public law.
- communicate their knowledge, interpretation and application of principles and sources of public law and public international law effectively, constructively and persuasively in both oral and written forms tailored to audience.
- work autonomously and collaboratively to solve problems of public and public international law.
- engage in and reflect upon effective collaborative practices.
- apply good standards of citation practices where appropriate.
Generic skills
On completion of the subject, students should have developed the following generic skills:
- Attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage;
- The capacity for close reading and analysis of a range of sources;
- The capacity for critical and independent thought and reflection;
- The capacity to plan and manage time;
- The capacity to work effectively in a team; and
- Intercultural sensitivity and understanding.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning |
Summer Term (On Campus - Parkville)
April (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Written exercise
| Mid semester | 30% |
A supervised examination
| During the examination period | 70% |
Additional details
The assessment due dates for the Semester 1 offering will be available to students via the Assessment Schedule on the LMS Community.
The assessment due dates for the June offering are:
Exam (70%): Friday 17 July
Essay (30%): Friday 24 July
Last updated: 3 November 2022
Dates & times
- Semester 1
Principal coordinator Carrie McDougall Mode of delivery On Campus (Parkville) Contact hours 48 hours Total time commitment 144 hours Teaching period 2 March 2020 to 7 June 2020 Last self-enrol date 13 March 2020 Census date 30 April 2020 Last date to withdraw without fail 5 June 2020 Assessment period ends 3 July 2020 Semester 1 contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au - June
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 144 hours Teaching period 15 June 2020 to 10 July 2020 Last self-enrol date 23 February 2020 Census date 26 June 2020 Last date to withdraw without fail 10 July 2020 Assessment period ends 24 July 2020 June contact information
Academic Support Office
Melbourne Law School
law-aso@unimelb.edu.au
Additional delivery details
Please note: the June offering of this subject is exclusive to 2020 and is not available for self-enrolment.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Specialist printed materials will also be made available from the Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022