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Democracy, Law and Civil Liberties (LAWS50118)
Graduate coursework level 5Points: 12.5Not available in 2022
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
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 historical, comparative and jurisprudential scholarship of civil liberties;
- The operation of, and tensions in, civil liberties law;
- How different regimes protecting civil liberties respond to particular kinds of factual situations.
- The complex legal framework and principles regulating civil liberties in Australia and comparable jurisdictions; and
Students will have drawn on this understanding to:
- 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.
- Critically analyse and reflect on the relevant legal principles, and apply those principles to address complex problems in Australia and internationally;
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: 30 January 2024
Eligibility and requirements
Prerequisites
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
AND
One of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (Dual-Delivery - 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: 30 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Option 1: Written exam - open book
| During the examination period | 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
| During the assessment period | 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: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2022
Additional delivery details
This subject has an enrolment quota of 60 students.
Enrolments occur on a first come, first served basis up to quota, except for the timely re-enrolment period. Timely enrolments enter a selection process, and unsuccessful enrolments are withdrawn.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 30 January 2024
Further information
- Texts
Prescribed texts
- Gerangelos. P et al, Winterton's Australian Federal Constitutional Law: Commentary and Materials (Thomson Reuters, 4th ed, 2017).
- Specialist printed materials will also be made available from 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: 30 January 2024