70113 Legal Process and History

This subject aims to introduce students to, and to provide students with, a sound working knowledge of the Australian legal and constitutional environment. The subject also aims to equip students with certain legal skills – in particular, the skills of case analysis, statutory interpretation, legal problem solving and critical analysis – which are essential to the study and practice of the law. Students are asked to consider what is law, who makes law, and how and why the law has developed in the way that it has. They also examine the institutions that make up our legal system – the legislature, the Crown and the executive, the courts and the 'legal players' (the judge, the jury and the legal practitioner) – and explore the principles and doctrines that underpin our legal system. Further, they are asked to consider why our legal system is so different from that of some of our regional neighbours, and to evaluate the strengths and weaknesses of the common law legal system. Valuable insight into the way our legal system operates may be gained through using a historical approach, and this means delving back into English, as well as Australian, legal and constitutional history. Such an approach also facilitates refinement of critical analysis skills. At the end of the subject, students should have a fully developed understanding of the Western legal tradition, the place of common law in that system, and the ramifications of living under a Westminster parliamentary system as well as a federal system.

Typical availability

Autumn semester, City campus
Spring semester, City campus