76111 Limits on Government Power
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(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.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Critically analyse the nature of the limits on Australian government power and the means by which they can be enforced. |
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| 2. | Explain the roles of, and relationships between, judicial and non-judicial mechanisms that enforce the legal limits that apply to Australian government officials and entities, and demonstrate an understanding of the practical implications of these roles and relationships. |
| 3. | Evaluate legal and non-legal remedies that are most appropriate to meet the objectives of a client in the context of government decisions, acts and omissions. |
| 4. | Use high-order communication skills to present ideas and persuade others in a logical and succinct manner appropriate to professional practice. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
Teaching and learning strategies
Strategy 1 Class preparation
Extensive learning resources will be made available to students prior to class, including written materials as well as questions and activities designed to guide reading. Students prepare for class by completing the assigned reading and completing short quizzes that test understanding of the content of those readings (Assessment Task 1).
Strategy 2 Class engagement
Students engage in a lively, informed and critical discussion of the topics covered in the subject both online and at face-to-face seminars. The lecturer provides frameworks and guidance to assist students to understand and analyse key principles and cases.
Online discussion is guided by readings and activities. By answering and asking questions based on the materials, students have opportunities to receive direct feedback from their teacher and peers as to their understanding of the topic being considered and the development of their critical thinking skills.
At face-to-face seminars students will be required to participate and engage with discussion and problem-oriented questions, as well as directed group activities. These activities are intended to encourage students to synthesise and apply their understanding of preparatory material. Activities are designed to deepen student engagement with subject content and to offer real-world examples of its application.
Strategy 3 Ongoing feedback
Feedback is provided throughout the session by lecturers and peers. Feedback comes in a number of forms, including in response to answers in quizzes, contributions made to the online discussion board, and during in-class discussion. Students are also encouraged to deepen their understanding of subject content by posing questions to their lecturers and peers throughout the session both online and in class.
Early low-stakes feedback will be available, as students will receive structured feedback on their performance in one quiz prior to the census date (Assessment Task 1).
Content (topics)
- Powers - the source(s) of power relied on by government officials and entities
- Limits - the boundaries that contain government power within legal limits
- Institutions - locating judicial and non-judicial accountability mechanisms that define and enforce the legal boundaries of public power across the branches of government
- Relationships - the interactions and relationships between judicial and non-judicial accountability mechanisms
- Remedies - the nature and function of damages awards, injunctions, declarations and public law writs when awarded against government officials and entities
Assessment
Assessment task 1: Online Quizzes
| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: LAW.1.1 and LAW.3.1 |
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| Weight: | 40% |
| Criteria: |
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Assessment task 2: Class Discussion
| Objective(s): | This task addresses the following subject learning objectives: 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.5.1 |
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| Weight: | 15% |
| Criteria: |
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Assessment task 3: Take-home Exam
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.5.1 |
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| Weight: | 45% |
| Length: | 2,000 words |
| Criteria: |
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Required texts
Janina Boughey, Ellen Rock and Greg Weeks, Government Liability: Principles and Remedies (LexisNexis, 2019)