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Australian Judiciary: Judging and Judicial Process - LAWS8147
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 24
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 9230, 9235, 5740, or 5235
 
 
CSS Contribution Charge:Band   (more info)
 
   
 
Further Information: See Class Timetable
 
  

Description

This course looks at the institutional and individual role of the judge in the justice system. The aim of the course is to examine the constitutional position of the judiciary, the role of the judge in securing access to justice for the Australian public, including the important development of case management, the process of hearing and deciding cases and judicial accountability. The course will cover the following topics:
  • Role of the judge in the justice system;
  • Constraints on the exercise of judicial power;
  • Judicial ethics;
  • Access to justice and case management;
  • Fact finding;
  • Judgment writing;
  • Judicial appointments;
  • The judiciary and the media.

LLM Specialisations

Recommended Prior Knowledge

Knowledge of the Australian constitutional system

Learning Outcomes

A candidate who has successfully completed this course should be able to:
  • Understand the Constitutional position of and constraints on the judiciary;
  • Appreciate the role of the judge in ensuring due process, access to justice and the minimisation of cost and delay;
  • Understand the judicial skill-set necessary for fact finding and judgment writing;
  • Examine and critique forms of judicial accountability such as methods of appointment, the provision of reasons, appeal, open justice and reporting by the media.

Assessment

Research Essay 70%
Reflective Journal 20%
Class Participation 10%

Texts/resources

RequiredM: TBC

Recommended: TBC

A full up-to date reading list will be provided in the detailed course outline.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.