LAW4537 - Public policy, regulation and the law - 2017

This Unit explores the interrelationship between public policy, regulation and the law. The Unit begins by introducing students to the policy cycle - the process by which issues (or problems) are identified and prioritised for action by government, and the action to be taken to address the issue (solve the problem) is agreed. In doing so, the Unit will expose students to some of the challenges facing governments and regulators when deciding whether and how to address a particular issue. The Unit also will introduce students to the breadth of tools available to governments to achieve their policy ends. In doing so, the Unit will explore how the concept of 'regulation' has expanded beyond the traditional legal concept of regulation as rules promulgated by a sovereign state, to include all the tools used by governments and other actors to alter or control the behaviour of people and other entities. The Unit will then explore some the theories, concepts and constructs that explain regulatory practice in a modern liberal capitalist society, before moving on to consider what may constitute 'good' regulation and regulatory practice. Finally, the Unit will explore how the law intersects with, supports and shapes public policy and the regulatory endeavour. Rather than focus on one substantive area of regulation, several case studies will be used to illustrate and highlight the general themes of the Unit. Moreover, the Unit will include aspects of politics, economics, public administration and public policy in its consideration of the issues, further developing students' skills in understanding and applying the law in its societal context.

On completion of the Unit students should have:

• acquired an understanding of the policy cycle and the challenges facing governments and regulators when deciding whether and how to regulate a particular issue;
• acquired an understanding of a number of theories, concepts and constructs that explain regulatory practice in a modern liberal capitalist society;
• acquired the capacity to apply a number of regulatory theories, concepts and constructs to analyse a basic regulatory regime to identify its key elements and institutional characteristics;
• acquired a general understanding of the relationship between regulation and the other principal activities of government;
• further developed skills in understanding and applying the law in its societal context;
• further developed skills in research and critical analysis;
• further developed oral communication skills;
• an opportunity to develop team work skills.

Research assignment: 50% (50 marks).

Examination (120 minutes writing time plus 10 minutes reading time, closed book): 40% (40 marks).

Class participation: 10% (10 marks).

Research assignment:

• The assignment will consist of an oral presentation (10 marks) and a written paper (40 marks).
• Students will undertake the assignment individually. This assignment will comprise a:
  1. five minute oral presentation; and ii) 2000 word written paper.

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

Professor Graeme Hodge

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

For students who commenced their LLB (Hons) course in 2015 or later:

LAW3111 and 3112

For students who commenced their LLB course prior to 2015:

None

None