UnitLevel 5Postgraduate

LAW5474 Human rights adjudication in international and domestic courts

Faculty of Law

LAW5474 Human rights adjudication in international and domestic courts is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2024. It has no prerequisites.

Credit points
6
Offered in 2024
Not offered
Assessment
Exam 50%
and 1 other task

The 2027 handbook has no page for LAW5474. This is its 2024 entry, the latest one.

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Requisites

Before LAW5474

No prerequisites or corequisites besides the enrolment rules below.

After LAW5474

No unit lists LAW5474 as a prerequisite in the 2024 handbook.

Enrolment rules

For Legal Studies students (L4004, L5004, L6013) you must have completed LAW5000 or LAW5081
and
For Juris Doctor students (L6005), you must have completed 72 points of study.

Overview

This unit will examine the role of the judge (and the lawyer) in human rights adjudication in
international, regional and domestic courts. There will be a focus upon the Victorian Charter (and other
similar Australian legislation) as an example of adjudication of human rights in a domestic context as
compared with courts in the international or a regional context. The emphasis will be upon the techniques
used and principles applied by judges when adjudicating human right proceedings, as these are influenced
by the source of the applicable law, the court’s role in its particular system and whether the court is part of
an international or regional system. The unit materials will be both Australian (including Victorian) and
international. This is not a unit on advocacy. It is concerned with human rights adjudication at the level
of specialised judicial technique, examined internationally, regionally and domestically (especially as
regards the Victorian Charter).

Offerings in 2024

The 2024 handbook lists no offerings for LAW5474.

Assessment

  • Research assignment
    50%
  • Take-home ExamTake home exam
    50%

Learning outcomes

When you finish this unit, you should be able to:

  1. 1

    Demonstrate understanding of the role of courts and lawyers under the rule of law and how
    the execution of these roles may differ in the implementation of human rights law in
    international, regional and domestic contexts.

  2. 2

    Identify , specify and describe the main sources and influence of human rights law and
    principle as relevant to adjudication in international, regional and domestic legal systems.

  3. 3

    Apply legal reasoning and critical evaluation skills in order to deconstruct the content and
    purposes of the principles of interpretation that apply to human rights instruments and the
    application of legislation in complex real-world scenarios.

  4. 4

    Demonstrate understanding of how the variable nature of different legal systems and
    understandings of jurisdiction affects the application of laws and principles underpinning the
    protection or limitation of human rights.

  5. 5

    Evaluate and compare the principles and mechanisms designed for establishing facts,
    conducting hearings and granting remedies under human rights law in a diverse range of legal
    contexts and court systems.

  6. 6

    Investigate, identify and synthesise information relevant to the principles, processes and
    challenges of administering human rights law in a range of judicial contexts and generate
    appropriate and persuasive responses to the problems derived from these investigations.

Workload and teaching

  • Workshops24 hours
  • Teaching approachActive learning

Students enrolled in this unit will be provided with 24 contact hours of workshops, whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6-credit point unit.

Learning resources

Required resources

See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.

Where it fits

LAW5474 is part of 2 areas of study in the 2024 handbook.

Common questions

What are the prerequisites for LAW5474?

LAW5474 has no prerequisites, but enrolment rules apply.

When is LAW5474 offered?

LAW5474 has no offerings listed in the 2024 handbook.

Does LAW5474 have an exam?

Yes. The exam is worth 50% of the final mark, alongside 1 other task.

Which majors and minors include LAW5474?

LAW5474 is part of Global society and human rights; and Public sector governance and regulation.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Available
Handbook years
2021202220232024