Note: This is an archived Handbook entry from 2016.
|Dates & Locations:|| |
This subject is not offered in 2016.
|Time Commitment:||Contact Hours: 36 hours. |
Total Time Commitment:
Study Period Commencement:
November, Semester 2
|Recommended Background Knowledge:||None|
|Non Allowed Subjects:||
|Core Participation Requirements:||
Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student's participation in the School's programs.
The inherent academic requirements for the study at Melbourne Law School are:
Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.
Students who feel their disability will prevent them from participating in tasks involving these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/.
The field of "law and indigenous peoples" is fast developing in Australia and elsewhere as a coherent body of law and theory in its own right, containing its own methodologies and specialities. It is a body of law that is a highly-specialised field of practice and scholarship, but also crosses and contributes to several major generalist areas of law, including property, constitutional law, legal theory, administrative law and international law. Accordingly justifications for indigenous claims have various overlapping bases, depending on the fields in which they are advanced, and include legal entitlements based on common law native title, customary law, special legislative regimes and institutions, equality and non-discrimination law, principles of self-determination and sovereignty, social and economic special measures, and cultural pluralism. In the settler states, indigenous claims and legal systems pose a challenge to standard theories of law and statehood, including some of the fundamental concepts underpinning liberal democratic governance, especially principles of human rights and non-discrimination. These issues underpin several major recent legal controversies in Australia, including the Northern Territory Emergency Response (2008), the Australian endorsement of the UN Declaration on the Rights of Indigenous Peoples (2009), and the proposed referendum on the constitutional recognition of indigenous peoples (2012).
On completion of this subject students should have developed:
|Prescribed Texts:|| |
Specialised printed materials will be available. Supplementary materials will be provided via Readings Online.
|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 skills necessary to:
Juris Doctor |
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