1. Handbook
  2. Subjects
  3. Law of Democracy
  4. Print

Law of Democracy (LAWS70367)

Graduate coursework level 7Points: 12.5Not available in 2024

You’re viewing the 2024 Handbook:
Or view archived Handbooks

Overview

FeesLook up fees

This subject will be delivered online in 2020 over the scheduled dates.

This subject studies the central mechanism for democratic accountability – elections. It adopts an interdisciplinary approach to underscore how this area of law is shaped by normative principles, the political process and practical considerations. The subject will be situated in the context where the dynamic interaction of diverse and powerful actors shapes the design and practice of such law.

The subject also aims to develop amongst students the critical ability to assess the strengths and limitations of the Australian version of electoral democracy. Integral to its aim is the comparative perspective of the subject where the examination of key questions will be informed by international standards and relevant examples from other countries, which may include Canada, India, Indonesia, South Africa, the United Kingdom and the United States.

Principal topics include:

  • Why do elections matter? Democratic theories of elections and their critiques
  • Which public officials should be elected? The case of judges
  • Constitutions, elections and democracy
  • What happens during elections? The election campaign, the institutional actors (political parties, third party campaigners, the media, electoral commissions and the courts)
  • The voting process (compulsory voting, preferential voting, proportional voting)
  • Electoral rights (right to vote, freedom of political association, freedom of political expression)
  • The drawing of electoral boundaries
  • Regulation of political parties
  • Money in electoral politics
  • Electoral law-making: the challenge of making democratic electoral laws in a party system
  • The role of courts and electoral commissions in electoral law
  • International standards in elections: is there a ‘best practice’?
  • A case study in the limits of election law: lobbying and its regulation.

Intended learning outcomes

A student who has successfully completed this subject will have developed and demonstrated:



  • A sophisticated understanding of the law of democracy in Australia including key questions of institutional design, principle and practice
  • The ability to discern the strengths and limitations of such law from the perspective of democratic theories and principles
  • A comprehensive knowledge of comparative examples relevant to appreciating the contemporary challenges facing electoral democracies
  • A knowledge of international standards relevant to understanding these challenges.

Last updated: 10 November 2023

Eligibility and requirements

Prerequisites

Students must meet one of the following prerequisite options:

Option 1

Admission into a relevant Melbourne Law Masters program

Option 2

Admission into the MC-JURISD Juris Doctor

AND

All of

Code Name Teaching period Credit Points
LAWS50024 Principles of Public Law
Semester 1 (On Campus - Parkville)
 12.5
LAWS50028 Constitutional Law
Semester 2 (On Campus - Parkville)
 12.5

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

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: 10 November 2023

Assessment

DescriptionTimingPercentage

Option 1: Take-home examination

  • 5,000-6,000 words
15 - 18 January 2021100%

Option 2: Research paper on a topic approved by the subject coordinator

  • 8,000-10,000 words
17 February 2021100%
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online.Throughout the teaching periodN/A

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.

Last updated: 10 November 2023

Quotas apply to this subject

Dates & times

Not available in 2024

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: 10 November 2023

Further information

Last updated: 10 November 2023