Note: This is an archived Handbook entry from 2011.
|Dates & Locations:|| |
This subject is not offered in 2011.
|Time Commitment:||Contact Hours: A 2-hour lecture per week. |
Total Time Commitment: 108 hours.
Legal Method and Reasoning; Principles of Public Law; Constitutional Law; or in each case equivalent subjects.
|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/.
ContactMelbourne Law School Student Centre
Tel: +61 3 8344 4475
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:
On completion of this subject, students should:
Blackshield and Williams, Australian Constitutional Law and Theory: Commentary and Materials (Federation Press, 4th edition 2006) (abridged edition)
Other materials that students may access online:
|Recommended Texts:||Glenn Patmore, Choosing the Republic (UNSW, 2009).|
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
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:
The essay in this subject is regarded a substantial piece of legal writing for honours purposes.
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