Authorised by Academic Registrar, April 1996
Objectives On completion of this subject students should (1) understand the interrelationship of the formulation of environmental policy by the courts, the political party process, green movements; (2) have acquired a comprehensive and up-to-date knowledge of workings of the Commonwealth, Victorian and American environmental legislation; (3) have extended their basic understanding and knowledge of the principles and rules relating to the formulation of policy in the environmental law area; (4) be able to critically analyse from a variety of theoretical perspectives the way in which the courts, politicians, non-government organisations and the community have an input into the formulation of environmental policies; (5) demonstrate a capacity to conduct systematic research on some specific topic of the interaction of the law, the environment and the policy process; and (6) have an appreciation of contemporary issues of relevance in this area of law.
Synopsis Environmental issues have also come to dominate debate over the proper scope and rationale of public policies in areas as diverse as housing, transportation, and economic development. Environmental concerns are now rivalling the traditional equity and efficiency rationales for public policy, thus challenging the mainstream political process to recognise this new democratic movement. If the green movement is a challenge to the party-political process, it is also a challenge to the institutions of policy making and legal adjudication. The subject begins from this assessment and asks two related questions: first, what is the relationship between the actions and political strategies of the green movement in relation to the formal channels of democracy?; and second, what role does (or could) the legal process play in environmental disputes given the political interests of the green movement?
Assessment Written research assignment: 50% + Take-home class test: 50%