Objectives:
To give an overview of human rights and related anti-discrimination law in Australia, with a focus on Commonwealth laws; the emphasis throughout is on important current issues. Current issues will include the human rights principles relating to terrorism, refugee and industrial relations and indigenous law. The course is designed to bring those working in the area up to date, as well as to introduce those interested in the subject to an important developing area of law. It is practical in orientation, and will assist any who want to become more acquainted with the working of anti-discrimination/equal opportunity law ('discrimination law'). Bills of rights will be a special feature, in light of the Brennan Report.

Content:
The course reviews the underpinning human rights standards set by international law and their application to aspects of Australian law.  As part of the human rights enterprise, special attention will be given to the principle of equality and its expression in discrimination law.   The course will have a practical as well as conceptual focus and will include:

• analysis of Australian constitutionalism and its impact on the inclusion of human rights standards in Australian law;
• critical analysis of the decisions in the courts about the constitutional underpinnings for discrimination law, detention and freedom of speech; 
• issues associated with the existence of Commonwealth, State and Territory discrimination law
  a critical examination of implementation methods of human rights and discrimination law;
• discussion of key issues in various areas of law, such as relating to the right to life (euthanasia and death penalty), terrorism law, refugee law and indigenous law and, in the area of discrimination law, to such issues as indirect discrimination, the concept of reasonableness, racial vilification law and the challenge of disability discrimination law.

The package is likely to include both a research essay and, as an extra option, a class presentation (with a shorter essay). 
 

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

26 Contact Hours (Intensive Delivery)

Click here for the 2010 timetable

LAWS8153 Introduction to Legal Reasoning and Research (non-lawyers); LAWS8568 Fundamentals of Government and Commercial Law (non-lawyers)