LAWS1021 - Principles of Public Law Research Essay - Law Assignment Help

Assignment Task

The topic of your research essay is to be selected from one of the questions below:

1. The Australian Communist Party case and the Tasmanian Dams case both demonstrate that the doctrine of parliamentary supremacy may enable the dominance of legislative powers in times of national emergencies or when issues of significant national interest arise. What consequences does this have for public law doctrines such as the rule of law, federalism or the separation of powers (chose one of these doctrines in your analysis).

NB You are not limited in your analysis to only these 2 cases or these doctrines.

2. Anti-terrorism measures adopted to protect the Australian community, and also the increasing ‘criminalisation’ of migration laws coupled with the ‘stop the boats’ policy, are both clear instances where the Australian government has enhanced executive powers that also appear to diminish the role of courts. Discuss this enhancement of executive powers with respect to one of these government measures.

3. Which do you think is more effective in protecting and promoting the role of courts and the exercise of judicial powers in order to protect us from intrusive or arbitrary government actions: the Boilermakers doctrine or the principle of legality? Why?

COURSE OBJECTIVES:

CO1. Develop an understanding and knowledge of some of the foundational principles of public law, using seminal High Court cases. Understand foundational constitutional principles. (GQ 1, 3, 5)

CO2. Equip students with the skills needed to read and analyse judicial decisions and reasoning processes.

CO3. Develop an understanding of some of the more contentious aspects of public law through analysing the relationship between the three arms of government. Express knowledge of key principles of public law through an understanding and explanation of relevant High Court cases. 

CO4. Instil the capacity to read and understand complex judgements. Explain the significance of case law from a legal, social and moral perspective.

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