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-ordinatorN/A

Available to Study Abroad/Exchange StudentsYes

Subject year levelYear Level 2 - UG

Available as ElectiveNo

Learning ActivitiesN/A

Capstone subjectNo

Subject particulars

Subject rules

PrerequisitesLAW2STA AND LAW1PPL AND LAW2CSL

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/A

Readings

Various, made availabe on the LMS

Resource TypeBook

Resource RequirementRecommended

AuthorVarious

YearN/A

Edition/VolumeN/A

PublisherVarious

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Career Ready

Career-focusedNo

Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/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.

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