STATUTORY INTERPRETATION AND HUMAN RIGHTS

LAW2SIH

2018

Credit points: 15

Subject outline

This unit will consider how the (constitutional, statutory and common law) principles of statutory interpretation are applied to protect and promote human rights. In order to do so the unit will: Examine the core principles and values of statutory interpretation and the relevant judicial role in a system with a strong doctrine of separated powers. Identify the legal sources of human rights and how this impacts upon the manner in which judicial interpretation is capable of their protection. Explore the increasingly important interaction between the Australian constitution and the principles and values of statutory interpretation; and. Consider the extent to which the interpretive practices of other comparable legal systems might inform our own and understand how key human rights instruments and approaches affect existing interpretive techniques. 

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorDaniel Meagher

Available to Study Abroad StudentsYes

Subject year levelYear Level 2 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1PPL, LAW2STA, LAW2CSL; Must be admitted to a Bachelor of Laws undergraduate degree, Bachelor of Laws double degree or LVLGE offered by the School of Law.

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsVarious, made availabe on the LMSRecommendedVariousVarious

Graduate capabilities & intended learning outcomes

01. To gain theoretical knowledge of the core principle and values of statutory interpretation and how judges develop and apply them in a system with a constitutional separation of powers.

Activities:
Class exercises; research essay; problem-based final examination
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

02. Demonstrate knowledge of the legal sources of human rights and how that source and content impacts the manner in which judicial interpretation is capable of their protection.

Activities:
Class exercises; research essay; problem-based final examination
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

03. Understand the interaction between the Australian Constitution and the principles of statutory interpretation; identify when and how the interpretive practices of other comparable legal systems might inform our own; and understand how key human rights instruments and approaches affect existing interpretive techniques.

Activities:
Class exercises; research essay; problem-based final examination
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

04. Work collaboratively and to undertake a piece of clear, concise and cogent legal research.

Activities:
Research essay
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

Subject options

Select to view your study options…

Start date between: and    Key dates

Melbourne, 2018, Semester 2, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorDaniel Meagher

Class requirements

Lecture/Seminar Week: 31 - 43
One 3.0 hours lecture/seminar per week on weekdays during the day from week 31 to week 43 and delivered via blended.

Assessments

Assessment elementComments% ILO*
Problem-based final examination (2500 word equivalent)65 01, 02, 03
Research essay/Legal Advice (1500 word equivalent)35 03, 04