Rethinking Australian Democracy and Law
Subject LAWS40084 (2010)
Note: This is an archived Handbook entry from 2010.
Credit Points: | 12.50 | ||||||||||||
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Level: | 4 (Undergraduate) | ||||||||||||
Dates & Locations: | This subject has the following teaching availabilities in 2010: Semester 2, Parkville - Taught on campus.
Seminars. Timetable can be viewed here. For information about these dates, click here. | ||||||||||||
Time Commitment: | Contact Hours: A 2-hour lecture per week. Total Time Commitment: 108 hours. | ||||||||||||
Prerequisites: |
730-111 Legal Method and Reasoning; 730-112 Principles of Public Law; 730-214 Constitutional Law; or in each case equivalent subjects. | ||||||||||||
Corequisites: | None. | ||||||||||||
Recommended Background Knowledge: | None. | ||||||||||||
Non Allowed Subjects: | 730-421 Rethinking Democracy and the Law. | ||||||||||||
Core Participation Requirements: |
For the purposes of considering requests for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Students Experiencing Academic Disadvantage Policy, academic requirements for this subject are articulated in the Subject Description, Subject Objectives, Generic Skills, and Assessment Requirements of this entry. The University is dedicated to providing support to those with special requirements. Further details on the disability support scheme can be found at the Disability Liaison Unit website: http://www.services.unimelb.edu.au/disability/. |
Coordinator
Mr Glenn PatmoreContact
Melbourne Law School Student CentreEmail: law-studentcentre@unimelb.edu.au
Tel: +61 3 8344 4475
Subject Overview: |
Rethinking Australian democracy is in vogue. The republic is back on the political agenda. The government is reviewing the possibilities of a new federal charter of rights and responsibilities. There is a new spirit of reconciliation with indigenous people. The issues of gender, sexuality and perhaps a new democratic ethos for the 21st century are on the horizon. But what is the role of public law in rethinking these questions of democracy? And what is the role of law in establishing our system of democratic government? Much of the current discourse of public law conceives of Constitutional Law and Administrative Law as the regulation of government. It appropriately concentrates upon the power of government institutions and restraints upon the bureaucracy. This course will explore an alternative conception of public law as a representation of political community. It will focus upon individuals and groups as participants in the political process in the legal context. Thus, the focus of the course will be on public laws regulation of democracy. It will describe the legal rules governing our democratic system and raise broader questions of democratic and republican philosophies. Therefore, this subject will consider history and politics to examine legal theory relevant to Australia in relation to three broad topics:
Note: The essay in this subject is regarded a substantial piece of legal writing. |
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Objectives: |
On completion of this subject, students should:
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Assessment: |
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Prescribed Texts: |
Other materials that students may access online:
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Breadth Options: | This subject is not available as a breadth subject. |
Fees Information: | Subject EFTSL, Level, Discipline & Census Date |
Generic Skills: |
On completion of the subject, students should have developed the following generic skills:
In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:
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