Civil liberties 415
Not offered in 1995
15 points * One 3-hour seminar per week * Clayton * Prerequisites: See section 3 of the faculty resolutions
This subject examines the Australian law of civil liberties. It begins by looking at the theoretical background of civil liberties and the current context of Australian law, including the status of civil liberties in a common law system and the influence of the main international conventions. Under the common law, civil liberties are usually defined as the freedom to do what the law does not prohibit. This subject is structured towards identification of rights and liberties rather than examination of categories of restrictions. The major areas of civil liberties concern to be studied are freedom of religion and belief, freedom of speech, freedom of association and assembly, equality and freedom from discrimination, rights in the legal process including police powers, and the limits of civil liberties.
Prescribed texts
Gaze B and Jones M Law liberty and Australian democracy Law Book,1990