Syllabus

1. Basic legal concepts

• Meaning of law 

• Customs, rules and law

• Values and ethics 

• Characteristics of just laws 

• Nature of justice

  • Equality 

  • Fairness 

  • Access

• Procedural fairness (principles of natural justice) 

• Rule of law 

• Anarchy 

• Tyranny 

2. Sources of contemporary Australian law 

Common Law 

• British origins, including: 

  • Development of common law 

  • Equity, precedent 

  • Adversarial system of trial 

• Court hierarchy:

  • Jurisdiction 

Statue Law 

• Role and structure of parliament 

• Legislative process 

• Delegated legislation

The Constitution 

• Division of powers 

• Separation of powers 

• Role of the High Court 

Aboriginal and Torres Strait Islander Peoples’ customary laws

• Diverse nature of customary laws 

• Spiritual basis, significance of land and water

•  Family and kinship

•  Ritual and oral traditions

•  Mediation and sanctions

•  Relevance to contemporary Australian law

International law

• Differences between domestic and international law

• State sovereignty

• Sources, including:

  • International customary law

  • Instruments (declarations and treaties)

  • Legal decisions, writings

• Role of:

  • United Nations

  • Courts and tribunals

  • Intergovernmental organisations

  • Non-government organisations

• Relevance to contemporary Australian law

3. Classification of law

• Public law

  • Criminal law

  • Administrative law

  • Constitutional law

• Private law (civil law)

  • Contract law

  • Tort law

  • Property law

• Criminal and civil court procedures including legal personnel

• Common and civil law systems

It is strongly recommended that if possible students should have the opportunity to observe the operation of one or more courts or tribunals in civil and criminal cases.

4. Law reform 

•  Conditions that give rise to law reform including: changing social values, new concepts of justice, new technology

•  Agencies of reform including law reform commissions, parliamentary committees, the media, non-government organisations

•  Mechanisms of reform including courts, parliaments, United Nations intergovernmental organizations

5. Law reform in action 

Two examples of law reform must be studied. Law reform in relation to native title is mandatory. Another example may be taken from list B or maybe a topic of the student’s choice.

A) Native title 

• Terra nullius

• The roles of the High Court and federal parliament

• Major native title decisions

• Legislation

B) A contemporary law reform issue (examples of topics that may be studied):

• • Young drivers and the law

  • Sport and the law

  • Animal welfare

  • Drug use and the law

1. Basic legal concepts 

• Define law

• Distinguish between customs, rules, laws, values and ethics

• Describe the characteristics of just laws and the nature of justice

• Define and investigate procedural fairness and the rule of law

• Define anarchy and tyranny

2. Sources of contemporary Australian law 

• Outline the origin of common law

• Examine the hierarchy and jurisdiction of state and federal courts

• Outline the role and structure of parliament and the legislative process

• Describe the function of delegated legislation

• Explain the difference between division and separation of powers

• Examine the role of the High Court in the interpretation of the constitution

• Examine the characteristics of Aboriginal and Torres Strait Islander Peoples’ customary laws

• Outline the extent to which Aboriginal and Torres Strait Islander Peoples’ customary laws have been integrated into Australian law

• Distinguish between domestic and international law and examine the impact of state sovereignty

• Examine the sources of international law

• Describe the role of the various organisations involved in international law

• Examine how international law impacts on and is incorporated into Australian law

3. Classification of law 

• Outline different types of law

•  Compare the purpose of different types of law

•  Distinguish between civil and criminal court procedures

•  Identify the role of legal personnel involved in the court process

•  Compare and contrast common and civil law systems

4. Law reform 

• Examine the conditions that give rise to law reform

• Describe the role of agencies involved in law reform

• Examine the operation of the different mechanisms of reform

5. Law reform in action

• Explain why terra nullius was an obstacle to achieving native title

• Examine the roles of the High Court and federal parliament in recognising native title

• Examine major Australian native title decisions

• Assess the effectiveness of the law reform process in achieving just outcomes in regard to native title

• Identify and investigate a contemporary law reform issue

• Examine the conditions that give rise to the need for law reform, the agencies of reform and mechanisms of reform

• Assess the effectiveness of law reform in achieving just outcomes with regard to a contemporary law reform issue.