units

LAW4172

Faculty of Law

18 September 2017 27 December 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Clayton

  • First semester 2016 (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.

Outcomes

Upon successful completion of this Unit, students should:

  1. Articulate and critically analyse the diverse cultural, philosophical, political and legal origins of human rights
  2. Evaluate the nature and degree of Australia's human rights obligations under international law and their impact on Australian law and practice
  3. Critically assess the variety of domestic legal forms by which human rights are expressed - constitutional, statutory, interpretive, common law and codes of practice and evaluate their role and effectiveness in implementing Australia's international human rights obligations
  4. Analyse 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
  5. Demonstrate cognitive and creative skills in articulating the institutional, policy and procedural mechanisms for human rights protection in Australia and evaluating the impact of statutory and common law changes on human rights protection in Australia
  6. Demonstrate legal research and reasoning skills in assessing the impact of statutory and common law changes on human rights protection in Australia
  7. Communicate effectively and persuasively in respect of legal rules and policies in an interactive learning environment.
  8. Learn and work with autonomy and utilise feedback in this unit and across their undergraduate studies to improve on their capabilities and relate the material covered to relevant aspects of other LLB units they have undertaken.

Assessment

Optional research paper (1,500 words): 30%
Final written examination: (2 hours plus 30 minutes reading and noting time): 70%
OR
Final written examination, including a 20% research component (2.5 hours plus 30 minutes reading and noting time): 100% for students who did not submit the Optional Assignment.

All students will be required to complete a non-graded hurdle requirement in the form of a quiz.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Ms Tania Penovic

Prerequisites

For students who commenced their LLB(Hons) course in 2015 or later: LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104