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LAW7093

Judicial law making and legal theory (6 points)

(LAW)

Leader: Professor Jeff Goldsworthy

Offered:
Not offered in 2004.

Synopsis:

Objectives: Upon successful completion of this subject students should possess a sophisticated understanding of (1) recent developments in the judiciary's conception of its constitutional role, and its effects on changes in legal doctrine; (2) how these developments are analysed and evaluated by the leading contemporary philosophies of law; (3) differences between common law, statute law and constitutional law which are relevant to the constitutional role of the judiciary; (4) ambiguities in the notion of the 'rule of law', as it pertains to judges. Students should also have improved their ability to (a) engage in the theoretical analysis of legal concepts at a deep level; (b) confidently participate in argument in the context of an interactive seminar; (c) clearly and persuasively present ideas and argument in written form.

Assessment: Research assignment (3750 words): 50% + Class participation: 10% + Take home examination (3000 words): 40%

Contact Hours: One 2-hour seminar per week


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