units

LAW5381

Faculty of Law

18 September 2017 22 December 2024

print version

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

Postgraduate - Unit

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

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

City (Melbourne)

  • Trimester 1 2016 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7418

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.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to human rights issues as they arise in a legal dispute with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to 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
  • Conduct research in the operation of human rights law in a practical setting based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to human rights law

Assessment

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

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).

Chief examiner(s)

Kate Eastman SC Personal ProfilePersonal Profile (https://www.monash.edu/law/current-students/resources/course-unit-information/postgraduate/sess-keastman)

Prerequisites

LAW5007 - Principles of constitutional law
LAW5014 - Principles of administrative law