730-389 Australian Bills of Rights

Legal Method and Reasoning; Principles of Public Law; Constitutional Law or in each case their equivalents.

Australia has its first Bill of Rights, the ACT Human Rights Act 2004. The Victorian Government appears set to introduce a Charter of Rights and Responsibilities and three other states are actively considering introducing Bills of Rights. Experience from other countries with similar Bills of Rights suggests that these statutes have the potential to transform quite radically the way law is made, interpreted and applies in Australia. This subject will equip students with the knowledge and sills needed to understand, apply and critically assess these Bills of Rights and Human Rights Acts. Topics covered will include: History of Australian Bills of Rights and Human Rights Acts; Overseas models for Australian Bills of Rights and Human Rights Acts including the U.S.A., Canada, New Zealand, South Africa and the UK; Democratic theory and the bill of rights debate; Human rights in the policy process; Parliamentary scrutiny of human rights; Ministerial accountability for human rights; Interpreting legislation to be compatible with human rights; Consequences of legislation being incompatible with human rights; enforcing human rights and remedies for breach of human rights; Human Rights Commissions and related institutions and; entrenching and overriding human rights.

Participation in a web-based discussion group. Students must submit a minimum of three posts and three responses to other posts totalling at least 1500 words 25% and a take home examination (due during the exam period) 75%.

Printed materials will be issued by the Faculty of Law.