This course explores the foundational ideas, the models of implementation, and the grammar of political discourse around economic and social rights in comparative and international legal systems. Learning around these issues will be prompted by case studies of specific rights - including the right to housing, health care, education, water, work and food - and specific jurisdictions and regimes - including the United Nations International Covenant on Economic, Social and Cultural Rights, and the domestic systems of South Africa, India, Thailand, the United Kingdom and the United States. Proposals for the legislative recognition of economic and social rights in Australia will also be examined.

Students who have successfully completed this course will understand, and be able to:

• evaluate the arguments for and against the recognition of material interests in food, health care, housing, education or water, as legal rights;
• critically reflect on the use of international and comparative law in the emerging trends towards the legal recognition of economic and social rights,
• synthesise approaches to the use of comparative data and case studies which focus on distinct legal systems;
• apply particular economic, moral and developmental theories to current legal arrangements, and to proposals for law reform;
• evaluate the role of legal practitioners, and of human rights, welfare and development specialists in legal settings which recognise economic and social rights;
• critically analyse proposals that seek to legislatively entrench economic and social rights in the Australian legal system.

• Take-home exam, 3000 words ORResearch essay,  6000 words - 80%
• Option class presentation OR class test - 10%
• Class participation - 10%

Twenty-six class hours plus private study.

None

Students will be expected to have knowledge of the Australian legal system. Non-lawyers will be assigned pre-reading.

Reading materials will be made available.

Internet access