UnitLevel 5Postgraduate

LAW5004 Principles of public law and statutory interpretation

Faculty of Law

LAW5004 Principles of public law and statutory interpretation is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2022. It needs LAW5000 and unlocks 8 units, leading on to 19 units in all.

Credit points
6
Offered in 2022
Other periods
Monash Law Chambers
Assessment
Exam 60%
and 3 other tasks

This is the 2022 handbook entry. See the 2027 entry.

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Requisites

Overview

The unit will introduce the basic principles of public law, government and statutory interpretation in Australian law. The unit will investigate the range of legal devices whereby Australia is governed, and will introduce key ideas pertaining to public legal entities, including the Crown. Fundamental principles of public law will be considered, together with the broader contexts in which they arise and operate. So will fundamental constitutional relationships between each of Parliament, the executive and the judiciary. The unit will also deal with statutory interpretation in depth, beginning with the fundamental constitutional principle of parliamentary supremacy, and exploring how the rules and principles of statutory interpretation flow from an understanding of the constitutional relationship between Parliament and the judiciary.

Offerings in 2022

Teaching periodCampusMode
Trimester 1Monash Law ChambersOn campus
Trimester 2Monash Law ChambersOn campus
Trimester 3Monash Law ChambersOn campus

Assessment

  • Written AssignmentAssignment
    40%
  • Written assignmentAssignment
    30%
  • Final ExamExam
    60%
  • Class participationParticipation
    10%

Learning outcomes

When you finish this unit, you should be able to:

  1. 1

    Explain the legal principles and institutional arrangements that underpin government in Australia;

  2. 2

    Demonstrate an awareness of the principles and values that have shaped the Australian system of government, including representative democracy, the rule of law and human rights;

  3. 3

    Articulate and critically examine the purposes and scope of the fundamental constitutional rules that govern the relationships between Parliament, the executive and the judiciary;

  4. 4

    Demonstrate the intellectual and practical skills needed to identify, research, evaluate and synthesise relevant factual, legal and policy issues;

  5. 5

    Select, interpret and apply relevant rules and principles of statutory interpretation in order to reach a considered view on the legal meaning, or likely legal meaning, of a doubtful legislative provision, including determining whether, as a matter of statutory interpretation, a statutory offence requires proof of a mental element and (if so) what that mental element is;

  6. 6

    Give a reasoned opinion as to the appropriate meaning of a legislative provision;

  7. 7

    Communicate in ways that are effective, appropriate and persuasive; and

  8. 8

    Learn and work independently and make use of feedback to support your further learning.

Workload and teaching

  • Workshops36 hours
  • Teaching approachActive learning

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Learning resources

Required resources

See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.

Contacts

Chief Examiners
Mr Asher Hirsch
Dr Katie O'Bryan
Dr Eric Windholz
Dr Nadir Hosen

Common questions

What are the prerequisites for LAW5004?

You need LAW5000 before you enrol.

What can I take after LAW5004?

LAW5004 is a prerequisite or corequisite for 8 units, including LAW5003, LAW5006, LAW5007, LAW5050, LAW5055 and LAW5056. Those lead on to 19 units in all.

When is LAW5004 offered?

LAW5004 has no offerings listed in the 2022 handbook.

Does LAW5004 have an exam?

Yes. The exam is worth 60% of the final mark, alongside 3 other tasks.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Available