Week 4, Semester 2, 2010


LAWS1114 Preparation

Read Balkin & Davis pp 203-227.

  • The summary is here.

Read Smith v Leurs (1945) 70 CLR 256.

  • NB: You may locate cases in the 'Commonwealth Law Reports' (CLR) through Westlaw or LegalOnline.
  • Le summary.

Read Stuart v Kirkland-Veenstra (2009) 237 CLR 215.

Prepare for the Tutorial

Finally, analyse this (teehee). Those who are particularly eager may even click on the 'Back' button as many times as they want :P NB: I am NOT a bad influence.

LAWS1115 Preparation

Read 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)

  • The 'summary' (I use this word very loosely) may be found here since I seem to be in a law reading mood :).

Read 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)

  • Summary can be found here.
  • If downloading the 60MB readings off blackboard isn't your thing, send Amanda or Jeremy a fb message as they have a 22MB version which has all 3 parts in one pdf document.

Read Chapter 4 of Clark (the prescribed textbook) - Separation of Powers

Also! Prepare for our first tutorial!

LAWS1116 Preparation

NB: I'm 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

Also! Prepare for our first tutorial!


LAWS1114 Week 4: Omissions and Public Body Liability
LAWS1115 Week 4: Rule of Law, Constitutionalism, Federation and Separation of Powers
LAWS1116 Week 4: Limited Powers