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.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Francine Rochford

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 2 - UG

Available as Elective: No

Learning Activities: N/A

Capstone subject: No

Subject particulars

Subject rules

Prerequisites: LAW2STA AND LAW1PPL AND LAW2CSL

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

Various, made availabe on the LMS

Resource Type: Book

Resource Requirement: Recommended

Author: Various

Year: N/A

Edition/Volume: N/A

Publisher: Various

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

COMMUNICATION - Communicating and Influencing
DISCIPLINE KNOWLEDGE AND SKILLS
INQUIRY AND ANALYSIS - Creativity and Innovation
INQUIRY AND ANALYSIS - Critical Thinking and Problem Solving
INQUIRY AND ANALYSIS - Research and Evidence-Based Inquiry

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.
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.
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.
04. Work collaboratively and to undertake a piece of clear, concise and cogent legal research.
Subject not currently offered - Subject options not available.