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Judicial Review and Indigenous Peoples (LAWS90276)

Graduate courseworkPoints: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
February
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This subject considers the judicial review of Indigenous decision-makers from a comparative perspective. Legal pluralism constitutes one of the most fascinating and complex challenges for contemporary common law jurisdictions.

We will explore key cases, theories of judicial review and legal pluralism, and work by leading Indigenous scholars to deepen knowledge. The subject should be of considerable interest to Australian and international students from all regions of the world with interests in public, comparative, international, and Indigenous laws.

Judicial review of Indigenous decision makers and norms represents a key nexus between Indigenous and settler legal orders. New and innovative legal developments are unfolding quickly and law students need a specialised background to understand and manage this complexity. This background includes Aboriginal/Indigenous law, administrative and constitutional law, international law, and the ability to draw on comparative analyses from multiple jurisdictions such as Australia, Canada, New Zealand, South Africa, and the United States.

Issues to be explored include: the treatment of Indigenous decisions and laws at judicial review; jurisdictional conflicts between Indigenous and settler legal orders; and, new legal developments representing a nexus between Indigenous and non-Indigenous laws.

Principal topics are likely to include:

  • The theory and practice of legal pluralism
  • Comparative perspectives on the ways in which Indigenous law is recognised and practised in selected jurisdictions.
  • Recognition of Indigenous laws and legal orders by different state institutions, particularly by appellate courts at judicial review.
  • Special topics and contributions including: self-governance and nation-building; differing approaches to the judicial review of Indigenous decision makers and law; the import of public law principles of deference, honour, and respect; and, innovative legal and political remedies.

Intended learning outcomes

A student who has successfully completed this subject should be able to:

  • Critically appraise the history, theoretical foundations, legal frameworks, and practictical applications of judicial review in relation to Indigenous people
  • Interpret and evaluate how the legal principles and mechanisms that structure Indigenous peoples' legal systems and experiences are manifested at judicial review
  • Critically examine and assess the effectiveness and application of the legal principles and mechanisms underpinning Indigenous legal systems in the context of judicial review.
  • Investigate and critically analyse both existing and emerging legal issues relating to the interaction of Indigenous and settler laws across selected jurisdictions
  • Effectively debate and defend arguments around Indigenous law and legal systems to specialist and non-specialist audiences, and to contribute to constructive public and scholarly discourses on the challenges of legal pluralism and the recognition of Indigenous laws in settler states

Generic skills

  • Demonstrate expertise in researching legal pluralism in settler states and apply advanced comparative public law research methods, particularly in Indigenous judicial review.
  • Demonstrate a conceptual and analytical grasp of the legal interplay between settler constitutional systems and Indigenous legal orders across selected jurisdictions.
  • Show a deep appreciation of the evolution of public law constructs over time, coupled with an innovative approach to addressing multifaceted challenges within public law that encompass Indigenous decision-making processes and legal orders.
  • Utilise advanced reflective skills, encompassing high-caliber analysis, critical introspection, and the generation and articulation of impactful legal reform propositions grounded in theoretical knowledge and empirical understanding of the law's operational dynamics.

Last updated: 29 February 2024

Eligibility and requirements

Prerequisites

None

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: 29 February 2024

Assessment

DescriptionTimingPercentage

Class participation, leading discussion on a set reading, group work

During the teaching period15%

Written assignment

  • 1500 words
1 Weeks after the end of teaching15%

Research paper on topic to be agreed with subject coordinator

  • 4500 words
17 April 202470%
Hurdle requirement: A minimum of 75% attendance is required.N/A

Last updated: 29 February 2024

Quotas apply to this subject

Dates & times

  • February
    Principal coordinatorMary Liston
    Mode of deliveryOn Campus (Parkville)
    Contact hours
    Total time commitment150 hours
    Pre teaching start date17 January 2024
    Pre teaching requirementsPlease 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 period14 February 2024 to 20 February 2024
    Last self-enrol date22 January 2024
    Census date15 February 2024
    Last date to withdraw without fail22 March 2024
    Assessment period ends17 April 2024

    February contact information

    Lecturer
    Mary Liston (Coordinator)

    Email: law-masters@unimelb.edu.au
    Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
    Website: law.unimelb.edu.au

What do these dates mean

Visit this webpage to find out about these key dates, including how they impact on:

  • Your tuition fees, academic transcript and statements.
  • And for Commonwealth Supported students, your:
    - Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).

    Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.

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: 29 February 2024

Further information

  • Texts

    Prescribed texts

    Specialist materials will be made available via the LMS in the pre-teaching period.

  • Links to additional information

    <a href="https://law.unimelb.edu.au" rel="nofollow">law.unimelb.edu.au</a>

  • 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: 29 February 2024