Bringing in the People (LAWS90170)
Graduate courseworkPoints: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
Contact information
March
Lecturers
Laureate Professor Emeritus Cheryl Saunders AO, Coordinator
Dr Tom Daly
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
| Availability(Quotas apply) | March |
|---|---|
| Fees | Look up fees |
This subject deals with the many ways in which ‘the people’ are or can be involved directly in decision-making on important public issues, rather than through elected representatives. Direct involvement of the people through the use of referendums has been a familiar feature of systems of government for some time. Recently, however, new mechanisms for the involvement of the people have begun to proliferate around the world, including in Australia, of which Citizens’ Assemblies are only one example. This development is one of the most important public law issues of the present time. The subject will examine the features of representative democracy that have encouraged this development to emerge; explore the complex relationship between representation and direct popular involvement; and analyse the range of issues that arise from the use of such techniques including, for example, selection, process and the management of outcomes.
The two instructors in the subject, Tom Daly and Cheryl Saunders, have extensive experience of forms of democracy in Australia and elsewhere and are enthusiastic about exploring the significance and meaning of this emerging new field.
Principal topics will include:
- The scope of the field
- Representative government and direct public participation
- Referendums in all their forms
- Emerging techniques for direct public participation
- The issues, including terms of reference; selection, information, process, follow-up
- Comparative context
- Case studies
Intended learning outcomes
A student who has successfully completed this subject will:
- Understand the range of mechanisms for public involvement that are currently in use, globally and in the Asia-Pacific region, including Australia
- Have developed ideas about how and why this development has occurred.
- Have a sophisticated appreciation of the relationship between representative and direct democracy, in its many forms.
- Understand and be able to evaluate the history, use, potential and challenges of a referendum process
- Be aware of the many issues raised by the techniques of direct public involvement and be able to contribute to their resolution, generally and in context.
- Have an advanced understanding of the critical debate on techniques of direct public involvement and be able to contribute effectively to it.
- Be able to analyse these developments and the academic commentary on them from a comparative perspective.
Generic skills
Generic skills that will be developed through successful completion of this subject include:
- A capacity to identify, understand and evaluate major new developments in public law
- The ability to think conceptually and analytically about the relationship between institutions in public law
- An appreciation of how principle and practice change over time and the ability to analyse how and why.
- Advanced research skills in understanding and explaining institutional arrangements in sufficient detail to be reliable for the purposes of sustaining an argument
- An ability to think creatively about problems and solutions for institutional arrangements in public law
- Skills in the application of comparative method.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
The subject is relevant for both Australian and international students with interests in public law and curiosity about the directions in which democratic institutions are heading.
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
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
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 8 - 11 May | 100% |
Option 2: Research paper on a topic approved by the subject coordinator(s)
| 24 June | 100% |
| Hurdle requirement: Minimum 75% attendance at classes | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- March
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 26 February 2020 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 25 March 2020 to 31 March 2020 Last self-enrol date 2 March 2020 Census date 25 March 2020 Last date to withdraw without fail 15 May 2020 Assessment period ends 24 June 2020 March contact information
Lecturers
Laureate Professor Emeritus Cheryl Saunders AO, Coordinator
Dr Tom Daly
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022