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Executive Power (LAWS70447)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
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About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
July
Lecturers
Professor Jason Varuhas (Coordinator)
Laureate Professor Emeritus Cheryl Saunders AO
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | July |
---|---|
Fees | Look up fees |
The focus of this subject is executive power, as it is understood in common law legal systems, with particular reference to executive power in Australia. Executive power has always played a critical role in systems of government, but in the 21st century it has become more significant than ever, for reasons that range from new modes of governance to the impact of globalisation. The subject will explore all facets of executive power: its historical evolution; relevant theoretical constructs; practical dimensions of its exercise; and the constitutional, legal, and parliamentary constraints to which it is subject. In doing so, it will engage with some of the most pressing contemporary challenges for the public law of executive power including the rationale(s) for the distinction between prerogative and ‘common law’ executive powers; judicial review of non-statutory executive power; executive power in a federal context; the executive and ‘external’ powers.
The subject will draw on comparative material to examine issues and options for meeting these challenges. It should be of considerable interest to Australian and international students from all regions of the world with interests in public, comparative and/or international law.
The syllabus will be organised around 5 key themes:
- Foundations, including history, political theory, and the structure and operation of the executive in a parliamentary system
- Legal framework, including the effect of written (and unwritten) Constitutions and the distinctions between statutory and non-statutory executive power, between the prerogative and other forms of non-statutory power and between law and policy; executive privilege and immunities.
- Constraints, including those presented by Parliament, by judicial review and by other forms of external review
- Key challenges for the domestic exercise of executive power, including judicial review of contract, spending and policy and the role of executive power in federal intergovernmental relations
- Key challenges for the external exercise of executive power, including the negotiation and implementation of international agreements and the commitment of armed forces.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced understanding of the history, theory, law and practice of executive power in common law legal systems
- Be able to engage critically in discussion and analysis of key aspects of executive power;
- Be able to contribute to the resolution of particular and generic problems involving executive power;
- Understand, at an advanced level, the implications of changes in governance and globalisation for the role of executive power.
- Be well-placed to anticipate and apply analytical skills to other problems of method and substance in public law.
- Understand the insights that can be derived for domestic constitutional arrangements from comparative experience, properly applied.
- Be aware of the extent to which democratic constitutional systems share broadly comparable challenges, despite differences in context.
Generic skills
- A capacity to understand and apply, at an advanced level, methods of comparative public law that are appropriate for the purpose sought.
- The ability to think conceptually and analytically about public law.
- The ability to think conceptually and analytically about the relationship between domestic constitutional and international law.
- An appreciation of how and why public law constructs vary and evolve over time.
- Advanced research skills in understanding and explaining issues involving public law in sufficient detail to be reliable for the purposes of sustaining an argument.
- An ability to think creatively about problems and solutions for complex challenges in public law.
- Advanced skills in researching issues in public law.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a relevant Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS50032 | Administrative Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Recommended knowledge of Constitutional Law and Administrative Law at the level of a first law degree or Juris Doctor.
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.
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 23 - 26 September 2022 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 19 October 2022 | 100% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- July
Principal coordinator Jason Varuhas Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 29 June 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 27 July 2022 to 2 August 2022 Last self-enrol date 4 July 2022 Census date 27 July 2022 Last date to withdraw without fail 16 September 2022 Assessment period ends 19 October 2022 July contact information
Lecturers
Professor Jason Varuhas (Coordinator)
Laureate Professor Emeritus Cheryl Saunders AOEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Time commitment details
136-150 hours 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.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Public and International Law Course Graduate Diploma in Government Law Course Master of Laws Course Graduate Diploma in Legal Studies - Links to additional information
- 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-masters@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: 31 January 2024