LAW4172

Human rights in australian law 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton First semester 2006 (Day)

Synopsis: The unit seeks to provide comprehensive coverage of the wide-ranging legal forms, policies and practices in Australia that relate to the upholding of human rights standards. The perspective adopted is new in the sense that human rights laws are not viewed as simply being those laws that expressly refer to rights protection. Rather it is to recognise that in the absence of a strong jurisprudential culture of rights in the Common law world generally, and certainly in Australia, laws protecting as well as infringing human rights nonetheless are apparent.

Objectives: Upon completion of this subject students should: 1) have a broad understanding of the diverse cultural, philosophical, political and legal origins of human rights and human rights laws in Australia; 2) appreciate the variety of domestic legal forms by which human rights are expressed - constitutional, statutory, interpretive, common law and codes of practice; 3) be able to identify and distinguish between the various Australian laws across the whole range of legal specialities that seek to, or in practice do, protect human rights in Australia; 4) critically assess the impact of statutory and common law changes on human rights protection in Australia; 5) understand the extents of institutional, policy and procedural mechanisms for human rights protection; 6) understand the nature and degree of Australia's human rights obligations under international law and their impact on Australian law and practice; 7) have further developed skills in legal research and writing; and 8) have further developed skills in presenting oral argument in respect of legal rules and policies in an interactive learning environment.

Assessment: Reserach paper (4,000 words): 50% + Examination (1.5 hours writing time plus 10 mins reading time): 50% OR Examination (2.5 hours writing time plus 10 minutes reading time): 100%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW1100 or LAW1101 and LAW1102