James Cook University Subject Handbook - 2002

LA1006:03

Legal Studies

Townsville, Cairns

HECS Band 1

26 hours lectures, 13 hours tutorials. Semester 2.

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.

Learning Objectives:

  1. to achieve a sound level of understanding in relation to the present legal and constitutional framework of the Australian legal system.

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