Authorised by Academic Registrar, April 1996
Objectives On completion of this subject students should have a good understanding of the judicial process and legal reasoning.
Synopsis The main topics in this subject will be (1) the proper function of a judge in cases where there is no clear answer and the rights of individual litigants; (2) the compatibility of judicial functions with democratic political systems; (3) the separation of law and morality and the rule of law; (4) law-making through judicial decisions (compared with law-making by legislation) and the adaptability of the common law; and (5) the nature of legal argument and modes of justifying judicial decisions.
Assessment Optional essay (4000 words): 40% + Class paper and participation: 20% + Terminal examination of 1.5 hours with 15 minutes reading and noting time (if optional essay submitted): 40% + Terminal examination of 3 hours with 15 minutes reading and noting time (if no optional essay submitted): 80%