Units
Australian and Comparative Human Rights Law
Unit code: LWN199
Credit points: 12
Information about fees and unit costs
Availability
| Semester | Available |
|---|---|
| 2012 Semester 2 | Yes |
Offered in these courses
- LW51
Sample subject outline - Semester 2 2012
Note: Subject outlines often change before the semester begins. Below is a sample outline.
Rationale
Defending citizens against abuses of their human rights is one of the most widely admired functions of lawyers. Yet traditionally human rights law has not been taught as a separate topic; rather students have been expected to gain knowledge and ideas from units in constitutional law, criminal law, and other areas. Nor have there been any comprehensive statutory codes of human rights in Australia until recently. With the enactment of the Human Rights Act 2004 in the Australian Capital Territory and the Charter of Human Rights and Responsibilities Act 2006 in Victoria, consideration of similar laws by other State governments, and the closer attention paid to notions of human rights in the decisions of the High Court, it is now appropriate to study the law of human rights in a more integrated way.
The demand for persons with expertise in the application of human rights in Australian law, in areas of both legal practice and policy analysis, is growing and will continue to grow. The unit is of particular value for students with interest in further study in the fields of public law or international and comparative law.
Aims
To lead students to a deeper understanding of the current law affecting basic human rights in Australia, and to critically consider the current law against the various forms of statutory protection of human rights that are in place in other jurisdictions and may be considered as models for future developments in Australia.
Objectives
On completion of this unit, you should be able to:
1. Contrast the operation and historical basis of human rights law in Australia and other jurisdictions;
2. Critically evaluate the current law in Australia and alternate means of protecting human rights, including proposals for a Bill of Rights or Human Rights Act;
3. Evaluate legal principles extracted from primary and secondary legal sources (ie cases and statutes, textbooks, articles and other writings about the law including the law of other democracies) in the context of human rights issues;
4. Appraise current human rights issues and make informed judgments about the practice and operation of justice and law in Australian society;
5. Effectively communicate your assessment of existing human rights law and alternative means of protecting human rights.
6. Demonstrate high level research skills in the field of human rights law.
Content
- ancient Acts of Parliament
- rights recognised by the common law, but defeasible by statute
- rights recognised by statute
- express and implied constitutional rights
- limited enforceability of rights under international treaties:
- constitutional Bills/Charters of Rights
- statutory Bill of Rights or Human Rights Act:
Examples studied here will include the US Bill of Rights, the Canadian Charter, provisions of the South African Constitution, the UK Human Rights Act (which implements the European Convention on Human Rights) and the New Zealand and ACT Human Rights Acts.
Approaches to Teaching and Learning
Weekly learning forum
One large group forum will be available for you to attend each week. The weekly forum will be two hours, involving a combination of lectures, student presentations and interactive group activities such as tutorial-type discussions, structured debates and moots. These sessions will be audio-streamed for those who find attendance difficult.
The purpose of the weekly forum is to introduce you to the various concepts canvassed in the unit. It is not intended to be the only source of material for your studies of human rights law. This function is achieved by your own study, within the framework of the Study Guide and recommended readings, and for your research paper. Within the forum there will be time for discussion and your contribution to an analysis of case problems and current issues.
The unit will also be supported by an online learning (Blackboard) site.
External Attendance School
Should sufficient external students wish participate in an in-class debate or moot as part of their assessment for the unit, an External Attendance School will be scheduled mid way through the semester. Only the assessment of the in-class debate or moot will take place at the External Attendance School.
Assessment
Formative assessment (ie feedback mechanisms)
Formative assessment will be given to you through feedback from the lecturer in the weekly learning forums. Formative feedback for external students is given via audio-streaming of the learning forums to the unit's Blackboard site.
You will also receive formative feedback in the form of comments on your marked Outline for research paper and in consultation with the lecturer.
Assessment name:
Presentation (Oral or Group)
Description:
While general participation in class discussion will be actively encouraged, there will be opportunities for a limited number of students to participate in structured debates or moots. Students will have the option to participate in an in-class debate or moot. Should sufficient external students wish to do so, an in-class debate or moot can be scheduled at an External Attendance School.
For students electing to participate, the research paper will be weighted at 60% rather than 80%. This assessment relates to learning outcomes 1, 2 and 5.
This assessment item is optimal. You do not need to undertake it and if you choose to do so the mark will only count if it increases your final total.
Relates to objectives:
This assessment relates to learning outcomes 1, 2 and 5.
Weight:
20%
Internal or external:
Both
Group or individual:
Individual
Due date:
See below
Assessment name:
Project (research)
Description:
This is an outline for the research paper (minimum 4 single-sided A 4 pages; maximum 5 pages) and will provide a synopsis of your research topic (2 pages), a literature review (2 pages) and a research methodology (1 page). The outline must:
- identify the issues to be explored;
- identify the method(s) of critical analysis to be adopted;
- provide a brief sketch of the main arguments to be developed; and
- provide a research methodology detailing primary and secondary sources to be discussed.
You must first have obtained approval from the lecturer in respect of the broad area of the research paper to be written by the end of week 4.
Relates to objectives: This assessment is designed as a step towards achieving learning outcomes 1-6.
Weight: 20%
Internal or external: Both
Group or individual: Individual
Due date: Wk 6
Assessment name:
Project (research)
Description:
The research paper (6000-8000 words) is an extended written paper about an issue of your choice arising out of the areas covered in the seminars, based upon the research methodology approved by the instructor/s and taking into account the feedback provided to you in relation to the methodology. You will be expected to extract relevant principles and policies of human rights law, critically analyse those principles and policy, offer creative problem solving strategies, and communicate the solutions to a particular audience.
This paper will be assessed upon the following criteria:
a) originality of approach to subject matter;
b) relevance to issues raised in the unit;
c) depth of critical analysis revealed;
d) whether paper is of publishable standard in a learned or professional journal;
e) clarity and conciseness of expression;
f) use of correct spelling and syntax;
g) degree of use of proper presentation techniques eg paragraphing, headings, subheadings, footnotes.
Relates to objectives:
This assessment is designed to achieve learning outcomes 1-6.
Weight:
60%
Internal or external:
Both
Group or individual:
Individual
Due date:
2wks after classes
Academic Honesty
QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.
A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.
Resource materials
Prescribed text:
O'Neill, N, Rice, S and Douglas, R, 2004, Retreat from Injustice; Human Rights Law in Australia2nd ed, Federation Press, Australia
Recommended text/sourcebook:
Flynn, M, Garkawe, S and Holt, Y, 2010, Human Rights: Treaties, Statutes and Cases, LexisNexis, Australia
Other recommended texts, articles, web pages, cases, etc, will be listed on the online learning site with links where possible.
Risk assessment statement
There are no out-of-the-ordinary risks associated with this unit.
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.
Last modified: 29-Aug-2012
