Monash University Law Handbook, 1997

LAW4106

Civil liberties 406

Not offered in 1997

Ms B Gaze

6 points
* Two-1.5 hour seminars or one 1-hour and one 2-hour seminar per week
* One semester

Objectives On completion of this subject students should (1) have developed a broad understanding of the concepts of civil liberties, civil rights and human rights; (2) have acquired knowledge of some of the areas of law relevant to civil liberties; (3) have practised and improved legal research and writing skills through preparing a research paper; and (4) be able to critically evaluate the adequacy of existing laws in protecting civil liberties and human rights within Australia.

Synopsis The subject examines the Australian law on areas of concern to those who support civil liberties. It begins by looking at the theoretical background of civil liberties and the current context of Australian law, including the status of civil liberties in a common law system and the influence of international human rights law through the major human rights conventions. The major areas of to be studied are freedom of religion and belief, freedom of speech, freedom of association and assembly, equality and freedom from discrimination, rights in the legal process including police powers, and the limits of civil liberties. The area of concern is vast, and a subject such as this can cover only a selection of areas of particular interest to students and teachers in any particular year.

Assessment Research paper (4000-5000 words): 50%
* Class presentation: 10%
* Final examination: 40%
* Students who wish to write a longer research paper may be permitted to increase the weight of the research paper to 60% and reduce the final examination to 30% if they can show research experience or good progress with their paper.

Texts

Gaze B and Jones M Law, liberty and Australian democracy 1990

Human Rights and Equal Opportunity Commission Act 1986 (Cth)

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