LAWS6887 - The Judicial Power of the Commonwealth

Objectives

Acquire a thorough understanding of the principles involved and the practical issues and difficulties which arise in the exercise of the judicial power of the Commonwealth by the federal and state courts.

Content

The nature of judicial power; the doctrine of separation of powers and associated constitutional implications, the scope of the original jurisdiction of the High Court, the conferral of federal jurisdiction on federal courts, the investment of state courts with federal jurisdiction, particular issues associated with the operation of the Judiciary Act; rights to appeal to the High Court and the exercise by territory courts of federal jurisdiction. Students will also learn how to identify the appropriate body of procedural and substantive law that is applied in the Federal Court and other courts exercising federal jurisdiction.

Session

Semester 1 Intensive
9-10 April & 14-15 May 2010

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

The unit replaced LAWS6887 - Federal Jurisdiction

Assessment

1 x 2,000 Word Assignment (20%)
1 x 6,000 Word Take-Home Exam (80%)

Assumed Knowledge

It is assumed that candidates have a good working knowledge of the Australian judicial system and Australian federal constitutional law. Only candidates with a law degree from an Australian institution, or who have a law degree from a common law jurisdiction and have studied Australian federal constitutional law will be permitted into the unit.

Textboook

Zines, Cowen and Zines’ Federal Jurisdiction in Australia, (3rd ed, Federation Press, 2002)

Courses this unit is available in

Sydney Law School