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Democracy, Law and Civil Liberties (LAWS50118)
Graduate coursework level 5Points: 12.5Not available in 2019
Overview
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This subject will consider the complex challenges involved in regulating civil liberties in a democratic state. The subject will focus on the ways in which legal protection for civil liberties may enhance democracy.
The topics covered in this course include:
- A theoretical framework of democracy and civil liberties;
- How the law protects liberty and democracy; and
- How the law regulates fundamental freedoms and political rights such as:
- citizen participation in elections;
- freedom of expression in a democracy;
- freedoms of assembly and protest;
- freedom of association; and
- equality and non-discrimination rights.
Case law from Australia and the United States concerning specific examples of the conflict between the protection of civil liberties and government policy will be examined. Case studies will include government leaks and the right of citizens to be informed about state activities, how government control of protest and dissent limits political participation, and the banning of political organisations in the name of state security. These case studies will consider the tensions between freedom and democracy, and the way law both protects and restricts civil liberties.
The subject will adopt an interdisciplinary and comparative approach by drawing upon literature in political philosophy, political science and historical studies. The subject canvasses competing conceptions of liberty, equality and democracy, aiming to critically analyse law’s regulation of civil liberties in a democratic context.
Intended learning outcomes
On successful completion of this subject, students will have demonstrated an advanced and integrated understanding of:
The operation of, and tensions in, civil liberties law;
- The historical, comparative and jurisprudential scholarship of civil liberties;
- The complex legal framework and principles regulating civil liberties in Australia and comparable jurisdictions; and
- How different regimes protecting civil liberties respond to particular kinds of factual situations.
Students will have drawn on this understanding to:
- Critically analyse and reflect on the relevant legal principles, and apply those principles to address complex problems in Australia and internationally;
- Develop an advanced appreciation of the impact of constitutional and legal principles on the freedoms of the individual and different groups within society; and
- Communicate their analysis in appropriate scholarly and professional formats.
Generic skills
On completion of the subject students will have developed and demonstrated:
- An advanced and integrated knowledge of civil liberties, inclusive of a specialised understanding of its philosophical antecedents and political context;
- Critical and independent thinking which demonstrates the capacity to analyse legal and political questions at a high level; including a synthesis of complex information; and making informed and context-sensitive judgments based on comparative case studies;
- The ability to critically reflect on the law of civil liberties; and
- The ability to apply an integrated understanding of, and expert judgment about, complex civil liberties questions to current case studies in Australia and North America.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Description | Timing | Percentage |
---|---|---|
Option 1: Written exam - open book
| 100% | |
Option 2: Independent research essay on a topic devised by the student and approved by the coordinator, or on a topic set by the coordinator
| 100% |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2019
Additional delivery details
This subject has an enrolment quota of 60 students. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Gerangelos. P et al, Australian Federal Constitutional Law: Commentary and Materials (Lawbook Co., 3rd ed, 2013).
- Specialist printed materials will also be made available from the Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022