Subjects and textbooks

Details of subjects and recommendations for the annual examinations to be held in the fourth term, 1907

Constitutional History and Law, Part I and Public International Law (Pass)

Constitutional History and Law, Part I

The Government of the British Empire, including a comparison of British Institutions, with those of other countries. The subject will be treated historically so far as is necessary to establish and demonstrate the principles of Constitutional Law.

Students are recommended to read:

Dicey's Law of the Constitution
Baghot's English Constitution
Hearn's Government of England

Reference should also be made to some work on Constitutional History, e.g.

Medley's Constitutional History.

Public International Law

1. A general survey of the growth of International Law in Europe
2. The Principles of International Law as treated in Lawrence's Principles, or Walker's Science of International Law

Constitutional History and Law, Part II

1.  Australian Constitutional History to 1851: A brief account will be found in Jenks' History of the Australasian Colonies, chapter 7.
2. The Government of Victoria.

Students may consult:

Jenks' Government of Victoria, especially chapters 21, 22, 24, 25, 26, 27, 28 and 30.
The material and formal sources of Victorian Law, including the application of Case Law and the construction of Statutes.

Students may refer to:

Pollock's First Book of Jurisprudence, Part II
Blackstone's Commentaries, Introduction, sec. 3
Carter's History of English Legal Institutions
Holdsworth's History of English Law, vol. I
Webb's Imperial Law.

 Constitutional History and Law, Part III

History of the Federal Movement in Australia
The Constitution of the Commonwealth of Australia

Students are recommended to read Moore's Commonwealth of Australia.

For a general view of the subject, they should also read (if possible before lectures begin) Bryce's Studies in History and Jurisprudence, Vol. 1, Essay 8.

Jurisprudence, including Roman Law

 The history, nature and classification of law and legal phenomena, with reference principally to Roman and English Law.

Students are recommended to read:

Sohm's Institutes of the Roman Law (Ledlies' translation with Grueber's Introduction)
Hearn's Legal Duties and Rights
Pollock's First Book of Jurisprudence, Part I
the Institutes of Justinian (in any edition).

Private International Law and Administrative Law (Pass and Honours)

Private International Law

Students are referred to:

Westlake's Private International Law
Dicey's Conflict of Laws.

Administrative Law

1. External Relations:
   Immigration and Aliens
   Naturalisation
   Extradition and Fugitive Offenders
   Foreign Enlistment.
2. The classification and distribution of administrative functions:
   Administrative action: the competence of authorities and officers; methods of action, and enforcement of orders.
3. Central government:
   The principal administrative departments, their organisation and functions
   The Public Service.
4. Local Government:
   Functions, organisation and control (legislative, executive, judicial)
   Relations of central and local government.
5. The Executive and the Judiciary:
   The Courts as aiding and controlling the executive
   The legal relations of the citizen with (1) the State, (2) its servants.

Throughout this course a knowledge of Dicey's Law of the Constitution will be assumed. For local government in Victoria, studetns are referred to the chapters on that subject in Jenks' Government of Victoria, in which work chapters 29, 31, 32, 33 and 34 should also be consulted.