law2sih statuory interpretation of human rights
STATUTORY INTERPRETATION AND HUMAN RIGHTS
LAW2SIH
Not currently offered
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-ordinatorFrancine Rochford
Available to Study Abroad StudentsYes
Subject year levelYear Level 2 - UG
Exchange StudentsYes
Subject particulars
Subject rules
Prerequisites LAW1PPL and LAW2STA and LAW2CSL
Co-requisitesN/A
Incompatible subjectsN/A
Equivalent subjectsN/A
Special conditionsN/A
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Various, made availabe on the LMS | Recommended | Various | Various |
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(Writing)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Discipline -Specific Knowledge and 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(Writing)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Discipline -Specific Knowledge and 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(Writing)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Discipline -Specific Knowledge and 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(Writing)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
Subject options
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