76111 Limits on Government Power
6cpRequisite(s): (70311 Torts AND 70616 Australian Constitutional Law AND 70617 Administrative Law) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Description
All government officials and entities in Australia are subject to the rule of law and must exercise their powers within legal limits. This subject explores the nature of these limits on government power, and the range of ways in which citizens can take action to enforce those limits.
Students revisit causes of action and mechanisms learned about in other subjects (such as judicial review, negligence, false imprisonment, royal commissions and parliamentary processes), and are encouraged to think about these as tools for holding the government accountable for its decisions, acts and omissions. In particular, students think about the nature of the judicial and non-judicial remedies available against the government for its illegal conduct, and how these remedies can be used to restore loss, punish abuse of public power, deter wrongdoing, and foster improvements in the delivery of government services.
Core themes explored in this subject include accountability, the rule of law and the separation of powers. Building on these themes, students have the opportunity to construct a picture of the government accountability system within Australia, and the important roles played by judicial and non-judicial mechanisms in enforcing the limits on government power.
Detailed subject description.