LAW5373 - Comparative bills of rights - 2018

This course aims at providing an introduction to the Victorian Charter of Rights and Responsibilities through analysis of how bills of rights have been grafted into constitutional and administrative law in comparable overseas jurisdiction. This exercise is particularly significant to a Victorian context, given that the Victorian Charter has borrowed heavily from legal techniques developed in overseas jurisdictions for securing fundamental rights protection. The course therefore provides not only invaluable experience in the comparative method in the context of human rights law, but also important insight into the genesis of core principles of the Victorian Charter.

On completion of this unit students will be able to:

• Apply knowledge and understanding of the following areas with creativity and initiative to new situations in professional practice;
  1. The content of and case law under the domestic bills of rights in Victoria;
  2. the technique of incorporation of the European Convention of Human Rights under the United Kingdom law Human Rights Act 1998 (UK) and its place in the United Kingdom Constitution;
  3. the human rights jurisdiction of the European Court of Justice in Luxembourg, and how it is applied under United Kingdom law; and
  4. the extent to which Australian and United Kingdom human rights law have come to diverge due to the influence of "Europe" on the latter.
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the implementation of bills of rights in Australia, with those of other countries, particularly the UK, New Zealand and Canada; Conduct research into comparative bills of rights 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 Australian, United Kingdom, New Zealand and Canadian human rights law.

Research paper (7,500 words): 100%

OR

Research paper (3,750 words): 50%

Take-home exam (3,750 words): 50%

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