Units
Australian and Comparative Human Rights Law
Unit code: LWB496
Contact hours: 2 per week
Credit points: 12
Information about fees and unit costs
The law of human rights is being incrementally developed by the courts & may, in the next few years, by further promoted by statue law if other jurisdictions enact Acts like the ACT Human Rights Act 2004. There will be an increasing demand for lawyers who have detailed knowledge of this law.
This unit will explore the notion of what human rights are (except for anti-discrimination rights which are covered in other units), and will then explore the current protection given to human rights by the common law, by techniques of statutory interpretation, by express consitutional provisions, by constitutional implications and by reliance on international Conventions. We will then critically consider th different models for rights protection adopted in other natio
Availability
| Semester | Available |
|---|---|
| 2012 Semester 2 | Yes |
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, 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. Students interested in human rights law may also consider undertaking additional elective units available in the human rights elective stream.
Aims
To introduce students to 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; and
5. Effectively communicate your assessment of existing human rights law and alternative means of protecting human rights.
Content
- History, justification and identification of 'fundamental' human rights;
- the existing laws affecting human rights in Queensland and Australia generally:
- possible models for future changes in the law, and their advantages and disadvantages if adopted here:
-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.
Skills
In this unit you will further develop the following skills:
1. Problem solving;
2. Critical thinking and legal analysis
3. Oral and written communication;
4. Information technology literacy
5. Time management;
6. The ability to work independently; and
7. Ethical orientation.
Graduate Capabilities
Your understanding of the unit content and development of these skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge;
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
4. Life Long Learning;
5. Work Independently and Collaboratively;
6. Professional, Social and Ethical Responsibility; and
7. Characteristics of Self-Reliance and Leadership.
Approaches to Teaching and Learning
Weekly learning forum
For internal students, the teaching and learning strategy comprises one large group forum 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 external students.
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. 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 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
Internal Students
Continuous feedback will be provided via questions and answers in the weekly forum and comments on student debates and moots. Students who propose their own assignment topic must present an outline of their proposed topic, and other students may present an outline at an early stage, and feedback will be given on these. Specimen exam questions will be available on the online learning site, and feedback will be given to students at least as to whether they have correctly identified the main issues raised by the questions. Students choosing to complete the alternative assessment will receive feedback on that assessment prior to the compulsory assignment due date.
External Students
Formative feedback will be given via the tapes for the unit to questions and answers in the weekly forum and comments on student debates and moots. Students who propose their own assignment topic must present an outline of their proposed topic, and other students may present an outline at an early stage, and feedback will be given on these. Specimen exam questions will be available on the online learning site, and feedback will be given to students at least as to whether they have correctly identified the main issues raised by the questions. Students choosing to complete an alternative assessment will receive feedback on that assessment prior to the compulsory assignment due date.
Assessment name:
Assessment Option
Description:
Class presentation OR Assignment
While general participation in class discussion will be actively encouraged, there will be a finite number of opportunities 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 the External Attendance School. Students selecting to participate will have the exam weighting reduced to 40%.
Students can choose to complete an assignment (1500 words) in lieu of the debate/moot. The topic of the assignment will be dependent on current and developing issues in the human rights law area. As a result, topics for this may be conventional discussion-and-analysis assignment topics, or may involve the writing of a submission to a current parliamentary or government inquiry.
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:
Class Presentation - 1, 2 and 5(b).
Assignment - Relates to objectives 2, 3, 4 and 5.
Weight:
20%
Internal or external:
Both
Group or individual:
Individual
Due date:
See Decription
Assessment name:
Assignment
Description:
The topic of the assignment (2500 words) will be dependent on current and developing issues in the human rights law area. As a result, topics for this may be conventional discussion-and-analysis assignment topics, or may involve the writing of a submission to a current parliamentary or government inquiry. There will be scope for students to propose a topic of their own in consultation with the unit coordinator.
Relates to objectives:
2-5.
Weight:
40%
Internal or external:
Both
Group or individual:
Individual
Due date:
Week 12
Assessment name:
Examination(written)
Description:
The final exam will principally test student's ability to apply current law to specific scenarios but may have a minor component dealing with other legal systems and their possible application here. Students who have completed the optimised assessment will have their exam weighted at 40%.
Relates to objectives:
1-4.
Weight:
60%
Internal or external:
Both
Group or individual:
Individual
Due date:
Central Exam Period
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:
Nick O'Neill, Simon Rice and Roger Douglas, Retreat from Injustice; Human Rights Law in Australia,Federation Press, Australia: 2nd ed, 2004.
Recommended text/sourcebook:
Martin Flynn, Sam Garkawe and Yvette Holt, Human Rights: Treaties, Statutes and Cases, LexisNexis, Australia: 2010.
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: 18-May-2012
