Handbook

Legislation is our primary source of law. It is also the primary means by which Parliament implements its policy objectives. An understanding of the way in which legislation is made and implemented is therefore essential. This course examines advanced issues in the design, drafting and interpretation of legislation. The range of topics covered each year will vary to address contemporary developments in the field and to highlight the expertise of the academics, judges and practitioners who may teach the course. Topics may include:

• Designing legislation — how is legislation made? What factors influence its design? What tools are available to legislative drafters to ensure its quality and efficacy? What qualities should good legislation have, and conversely, why might legislation fail to achieve its goals?
• Legislation in the modern administrative state — what particular roles does legislation play in a modern legal system? How does primary legislation interact with secondary legislation (regulations)? Contemporary legislation is voluminous and complex; what are the implications of this for legal institutions and the public?
• Interpreting legislation — how do courts interpret legislation, and is this approach sound? Should courts engage in controversial interpretive practices, such as updating the meaning of legislation to keep pace with societal change or preserve fundamental rights?
• Technologies of legislation — can technology assist the design and implementation? Should legislation be translated into code, that can be consumed by computers? How does this intersect with the broader trend of automating government action?

The focus of this course will be on Australian law, although developments abroad will be considered in some detail.