James Cook University Subject Handbook - 2001

LA1006:03

Legal Studies

Townsville, Cairns

26 lectures, 13 tutorials. Second semester.

Available to all level 1 students although a quota applies and preference will be given to LLB students.

The historical, cultural, political, jurisprudential and constitutional origins of the Australian legal system. A retrospective examination of the cultural and legal hegemony of the British Parliament. Aboriginal customary law — the Mabo case and the “empty land” theory (terra nullius). The separation of powers. The independence of the judiciary. The jury system. The role of the Crown. The contemporary legal framework including alternative forms of dispute resolution. An introduction to Australian domestic constitutional arrangements.

Assessment by final examination (60%); assignment (30%); tutorial participation (10%) (subject to variation).