Week 3, Semester 2, 2010

Preparation.

LAWS1114 Preparation

Read Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, 392-424

  • You should be able to access this case here.
  • To get it in a PDF with nicer formatting: Go to Westlaw, search 1 AC 310 in the 'by citation' box to the left of the page, click on the citation, and click on the 'PDF' link under the title. Funnily enough!
  • When reading the case, "*317" denotes the start of page 317. No, it's not a code telling us that it's time to rise up again … unfortunately.
  • The summary is under construction. I think. here!

Read White v Chief Constable of South Yorkshire Police [1999] 2 AC 455, 462-511

  • The case can be found here.
  • The summary can be found here.

Read Chapter 9 of the Ipp Report

  • The chapter can be found here.
  • A summary can be found here.

Read Part 3 of Mental Harm of the Civil Liability Act 2002 (NSW). You can access this from here.

  • This link is from the NSW Legislation website, which has clickable links.
  • It is also possible to find an easier-to-print version (you tree-killers!) on 'Timebase - Lawone'.
  • If all else fails, Hinchy's got the extract in his Lecture 3 Outline.

Prepare for the Tutorial

There won't be any LAWS1115 lectures or tutes for this week

However, if you're insane/ keen (is there really any difference?)/ have no life (okay okay, I'm kidding … it's not like as if I have one either), the readings for LAWS1115 Week 4 are:

  • Jeffrey Goldsworthy, 'Legislative Sovereignty and the Rule of Law' in Tom Campbell et al (eds), Sceptical Essays on Human Rights (OUP, 2001). (p. 27 in the Learning Guide)
  • Antonin Scalia, 'Romancing the Constitution: Interpretation as Invention' in Grant Huscroft & Ian Brodie (eds), Constitutionalism in the Charter Era (Butterworths, 2004). (p. 54 in the Learning Guide)
  • Chapter 4 of Clarke (the prescribed textbook) - Separation of Powers

And if you're super insane/ keen/ have no life, you can even prepare for the tutorial! And yeah, I'm not even going to bother putting this one up since it'll take too much space … ALTHOUGH! I could put it on another page!

LAWS1116 Preparation

Note this is the week 3 and 4 reading list. Feel free to pace yourself. Or read them all once this week and once next week, whichever works for you. I'm also having difficulty finding the CLR version of several of the cases, which makes figuring out exactly which pages we're supposed to read a lot trickier.

  • Aroney, Constitution of a Federal Commonwealth, chs 9-10.
  • Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129 at 140-60
  • Melbourne Corporation v Commonwealth (1947) 74 CLR 31 at 78-83
  • Queensland Electricity Commission v Commonwealth (1985) 159 CLR 192 at 217-220
  • Re Australian Education Union; Ex parte Victoria (1995) 184 CLR 188 at 224-225, 227-234
  • Austin v Commonwealth (2003) 215 CLR 185; 195 ALR 321 at 327-35, 355-69, 383-6
  • In re Richard Foreman & Sons Pty Ltd; Uther v Federal Commissioner of Taxation (1947) 74 CLR 508 at 518-22, 529-32
  • Re Residential Tenancies Tribunal of NSW; Ex parte the Defence Housing Authority (1997) 190 CLR 410 at 438-47

Lectures.

LAWS1114 Week 3: Psychiatric Harm 2
LAWS1116 Week 3: Implied Immunities and Reserved Powers