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Bringing in the People (LAWS90170)
Graduate courseworkPoints: 12.5On Campus (Parkville)
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.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
September
Lecturer
Associate Professor Tom Daly (Coordinator)
Laureate Professor Emeritus Cheryl Saunders AO
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | September |
---|---|
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
- 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: 31 January 2024
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 25 - 28 November 2022 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator(s)
| 21 December 2022 | 100% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- September
Principal coordinator Tom Daly Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 31 August 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 28 September 2022 to 4 October 2022 Last self-enrol date 5 September 2022 Census date 29 September 2022 Last date to withdraw without fail 18 November 2022 Assessment period ends 21 December 2022 September contact information
Lecturer
Associate Professor Tom Daly (Coordinator)
Laureate Professor Emeritus Cheryl Saunders AOEmail: 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 in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- 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.
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-masters@unimelb.edu.au for subject coordinator approval.
- 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: 31 January 2024