Hot Topics in Public Law (LAWS90217)

This subject canvasses 11 cutting edge issues in public law at an advanced level that requires deep analysis and critical thinking. While its primary focus is public law in Australia, many of the issues are relevant in common law systems elsewhere and comparative experiences are used to throw light on Australian law and practice. The issues range across constitutional and administrative law and include, for example, proportionality, non-statutory executive power, outsourcing and suits in negligence against government. Each seminar is led by one of Melbourne Law School’s leading experts in the field.

Principal topics are likely to include:

• Judging public law
• Non-statutory powers
• Outsourcing
• Consultation with Indigenous peoples
• Treaties and agreements with Indigenous peoples
• Actions against governments in negligence
• Proportionality
• History and constitutional adjudication
• Concurrent and exclusive legislative powers
• State bills of rights
• Emergency frameworks
• Future directions

The subject is coordinated by Jason Varuhas and Cheryl Saunders, who will ensure interlinkages between seminars and will draw the subject together in a final seminar on future directions. The subject should be of considerable interest to Australian students, to international students from common law countries and to all students curious about the latest developments in public law from a common law perspective.