Government and Public Law - Complete Notes

Description

These notes cover the complete content of the Government and Public Law course. Topics include: 1. History and Concepts a. Reception of English Law in Australia i. Introduction ii. Reception of English Law iii. Key Cases iv. Sue v Hill (1999): Foreign Power b. Rule of Law, Separation of Powers and Representative Government i. The 'State' ii. Rule of Law iii. Separation of Powers iv. Representative Government v. Australian Communist Party v Cth (1951): Defence Power c. Representative Government: Key Cases i. Langer v Cth (1996): Compulsory Voting ii. Jodd v McKeon (1926): Compulsory Voting / Means of Voting d. Federalism and the Constitution i. Importance ii. Theories iii. Federalism iv. Introduction to the Constitution v. Expanding Commonwealth Powers vi. Engineers Case [1920]: Reserved State Powers 2. The Parliament a. Legislative Power, Parliamentary Privileges and State Parliament i. What is Government? ii. Privilege iii. Powers iv. Immunities v. Parliamentary Committees vi. Parliamentary Soverignty vii. Union Steamship Co of Australia v King (1988): Extraterritoriality b. Functions, Elections and Delegated Legislation i. Appointment and Eligibility ii. Relationship between the Houses iii. Conventions iv. Delegated Legislation v. Committees vi. Victorian Stevedoring v Dignan [1931]: Delegated Power 3. The Executive a. Executive Powers i. Source of Executive Power ii. Prerogative Powers iii. Nationhood Power iv. Ruddock v Vadarlis (2001): Excluding Aliens and Unlawful Detention b. Executive Accountability i. Accountability ii. Parliamentary Mechanisms for Overseeing Executive iii. Executive Mechanisms for Overseeing the Executive iv. Public Mechanisms for Overseeing the Executive v. Barriers vi. Comcare v Banerji [2019]: A-Political Public Service 4. The Judiciary a. Judicial Power i. History ii. Independence iii. Source of Power iv. Judicial Power v. Thomas v Mowbray (2007): Chameleon Principle vi. Kable Doctrine and Knight b. Judicial Review of Executive Powers i. Purpose of Judicial Review ii. Source of Power to Review iii. Review of Prerogative Powers iv. Ousting Judicial Review v. Boilermaker's Case: Judges Exercising Executive Power vi. Limbs of Boilermaker's Case vii. Persona Designata viii. Plaintiff S157 v Commonwealth (2003): Ousting Judicial Review 5. Freedoms and Rights a. Express and Implied Constitutional Rights i. Introduction ii. Human Rights Examples iii. Common Law Rights iv. Constitutional Rights v. Implied Rights b. Constitutional Change and Bill of Rights i. Constitutional Change ii. Arguments for an Against a Bill of Rights c. Human Rights, International Law and Treaties i. International Law and Conventions ii. United Nations iii. Treaties d. Aboriginal and Torres Strait Islander Peoples Rights and Issues i. Self-Determination and Soverignty ii. Constitutional Recognition iii. Treaties iv. Uluru Statement from the Heart v. Walker v NSW (1994): Soverignty and the Rule of Law