78284 Courts and Judges
6cpRequisite(s): (((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law) OR 70108c Public International Law )
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Description
The judiciary has been described as both the ‘least dangerous’ and the ‘most dangerous’ branch of government. In either case, it remains central to the proper functioning of Western democracies operating under the rule of law. This subject examines the structures and values of courts as a system of dispute resolution, and it investigates the role of its key personnel (judges, magistrates, masters, and other quasi-judicial roles) in operating that system. The subject focusses primarily on Australia but uses comparative examples to emphasise alternative organising principles and models of regulation. It also utilises different methodologies and research disciplines (eg law, political science, history, economics, and demography) to enrich the student’s understanding of modern judicial systems. Students gain a deep appreciation of the often-conflicting values that underpin judicial systems, including judicial independence, impartiality, efficiency, accountability, and access to justice. The subject gives students an advanced and integrated body of knowledge on the judicial system. It also helps them to develop their skills to independently analyse and synthesise this complex information, and transmit their ideas to specialist and non-specialist audiences.
Detailed subject description.