Leader: Ms Kate Eastman

Offered

City (Melbourne) Term 2 2008 (On-campus block of classes)

Synopsis

The 2006 enactment of the Victorian Charter of Rights and Responsibilities means that legal practitioners and students need to consider the impact of the Charter on litigation in a range of areas. This unit covers the sources of human rights and the role of international law in Australian law, specific Australian human rights statutes including the new Victorian Charter, international remedies of relevance to Australia, and comparative human rights laws. The unit will also cover the practical application of rights, including appropriate advocacy and research techniques on how to develop human rights arguments. Students will be taught how to advocate Victorian Charter issues effectively.

Objectives

Upon completion of this unit, students should:

1. be able to identify and recognise a human rights issue as it arises in a legal dispute;

2. be able to articulate and advance human rights arguments based on the particular dispute;

3. be able to apply relevant human rights jurisprudence from comparable domestic legal system such as the United States, Canada, New Zealand and the UK to apply in the Australian context;

4. to be able to develop logical and sound legal argument with respect to the application of human rights principles;

5. be able to identify appropriate remedies in relation to the human rights questions that are raised;

6. to develop a sound and critical understanding about the operation of human rights law in a practical setting; and

7. to be able to identify appropriate limitations on human rights and the concept of proportionality.

Assessment

Moot consisting of a written submission of 4,500 words (60%) and a 20 minute oral submission (40%) OR written assignment of 7,500 words (100%)

Contact hours

24 hours of "in person" seminars

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil