STATUTORY INTERPRETATION AND HUMAN RIGHTS

LAW5SIH

Not currently offered

Credit points: 15

Subject outline


This unit will provide an advanced course of study and reflection on how the 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.


 



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SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorDaniel Meagher

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites Must be admitted to the Juris Doctor Degree (LMJD) or have permission from the Director of the LMJD program. LAW5CSL LAW5SIN

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsStatutory Interpretation and Human RightsRecommendedJames Spigelman 2008University of Queensland Press

Graduate capabilities & intended learning outcomes

01. Demonstrate an advanced level of theoretical knowledge of the core principle and values of statutory interpretation and the complex process undertaken by judges when they develop and apply them in a federal system with a constitutional separation of powers.

Activities:
Class exercises; research essay; take home exam

02. Understand the complex philosophical and legal basis of human rights and how these sources (and the content which they generate) impacts on the manner in which judicial interpretation is capable of their protection and the legitimacy of doing so.

Activities:
Class exercises; research essay; take home exam

03. Exercise the critical analysis skills to explore and understand the complex 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; take home exam

04. Apply advanced creative, cognitive and collaborative skills to produce and communicate a sophisticated piece of legal research.

Activities:
Research essay

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