Public Law Litigation & Comparative Law (LAWS90281)
Graduate courseworkPoints: 12.5Not available in 2025
About this subject
Overview
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This subject explores the use and limits of comparative law and practice in public law litigation. The potential of comparative law in judicial-decision making has attracted increasing attention as information about legal developments in other jurisdictions has become more readily available. It raises particular challenges in public law, which this subject will consider.
While the subject takes Australia as the home jurisdiction, the insights that it offers can be adapted to jurisdictions elsewhere. To encourage depth and contextual understanding, the subject is built around case studies drawn from three areas of law of contemporary significance: the movement of refugees, indigenous/state relations, and the environment. Each of these areas gives rise to litigation in Australia and can be expected to continue to do so. Each has also given rise to litigation elsewhere, which may have relevance in Australia despite differences in constitutional and legal frameworks.
Indicative list of principal topics:
- Judicial engagement with comparative and international law
- Australian constitutional and legal framework.
- Case study 1: Movement of refugees
- Case study 2: Indigenous relations with the state
- Case study 3: Environment
- Potential and limits of comparative law in public law litigation.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Explain the theoretical framework within which judges refer to external legal sources in Australia,
- Appraise and interpret the comparative techniques that may apply to such practices,
- Analyse the key aspects of the Australian legal and constitutional system that may affect the manner and extent of recourse to external legal sources,
- Recognise the potential for and the limitations of recourse to external legal sources in litigation on selected contemporary issues in Australia. This focusses primarily on the areas of the movement of refugees, Indigenous relations with the state, and the environment,
- Critically apply this knowledge to other areas of law and in relation to other jurisdictions in which courts refer to external legal sources.
Generic skills
- The ability to investigate, evaluate, synthesise and apply the knowledge in relation to other jurisdictions,
- Well-developed problem solving and analytical abilities in this field,
- An advanced competencies in legal research and analysis in matters involving comparative law in public law litigation,
- The capacity to effectively communicate complex legal ideas in this area,
- An appreciation of the design, conduct and reporting of original research in this field,
- An understanding of the significance and value of knowledge about the role of comparative law in litigation.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Students should have completed, or be in the process of completing, subjects in the field of both Administrative and Constitutional Law or have equivalent experience prior to enrolling. A common law background is advisable.
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 29 November - 2 December 2024 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 18 December 2024 | 100% |
| Hurdle requirement: A minimum of 75% attendance is required. | N/A |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
Not available in 2025
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: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Government Law Course Master of Laws Course Master of Public and International Law - 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 subject coordinator approval is required prior to enrolment, or for further information about the pre-requisites for Community Access Program study, please contact us:
- prospective CAP student enquiries;
- existing CAP student enquiries (if you have a current Unimelb login).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025