LAWS1021 | High Distinction (85) Public Law Midsemester Comprehensive Notes

Description

These exam scaffolds and topic summaries cover Weeks 1 - 5 of LAWS1021 (Public Law), and is designed to cover the content assessable in the Midsemester Exam. The notes are organised topic by topic, with elaborate key cases, including key principles, facts, issues, discussions, and conclusions. They are intended to give the reader a solid understanding of the cases and principles. What’s Included: Topic 1: Ngura & Foundations of Anglo-Australian Public Law Clear breakdown of First Nations jurisprudence (Ngura, Ngara, Ngarra) vs. Received Colonial Law. Complete Imperial evolution timeline: Australian Courts Act 1828, Colonial Laws Validity Act 1865, Statute of Westminster, and the Australia Acts 1986 (including key cases like Sue v Hill). Topic 2: Key Doctrines of Anglo-Australian Public Law - fundamental pillars: Public Power, Rule of Law (Communist Party Case), Constitutionalism, Federalism, Separation of Powers, and Responsible Government. Topic 3: Amending Constitutional Arrangements & Manner and Form State plenary legislative power vs. Imperial limits (Union Steamship, Kable, Durham Holdings). Federal s 128 referendum requirements and double-majority rules. Step-by-step Manner & Form analysis covering s 6 of the Australia Act 1986, double-entrenchment, and essential precedent (West Lakes, AG v Marquet). Topic 4: Representative Parliament & Popular Sovereignty Detailed case breakdown of ss 7 and 24 franchise protections (Roach, Rowe, Murphy). Proportionality tests for disenfranchisement and current standards on "One Vote, One Value" (McKinlay, McGinty). Topic 5: Ngara & First Nations Constitutional Reform Historical analysis from 1901 exclusions to the 1967 Referendum (Kartinyeri) and modern Voice/Uluru Statement from the Heart proposals.