76074 Australian Civil Liberties Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((70218 Criminal Law OR 70114 Criminal Law and Procedure) AND 70616 Australian Constitutional Law)
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
Civil liberties are basic rights and freedoms arising from, and granted to, citizens of a country through constitutional law, the common law or statute. They may also have recognition in international human rights law and include freedom from arbitrary arrest and detention; freedom of speech, assembly and association; freedom of religion; and freedom from discrimination (the right to equality).
This subject develops students' understanding of the fundamentals of civil liberties and human rights in Australia by examining the role, scope and interaction of international human rights law; the Commonwealth Constitution; the common law; and the laws of the Commonwealth, states and territories.
Specific topics considered in this subject include the philosophies and principles which shape Australian civil liberties; the role of federal, state and territory laws in protecting or limiting individual liberties; the institutions established to protect liberties and legal issues arising from their operation; the development of liberties at common law; Australia's commitments under international conventions and treaties; and issues arising from contemporary social and political conditions.
Students explore aspects of international human rights law, Commonwealth, state and territory laws, analyse legal provisions, and develop a deeper understanding of the interactions between governments and individuals. They learn the language and skills of civil liberties lawyers, including how to identify legal issues concerning human rights; research related legal questions; and approach solving legal problems concerning civil liberties.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Explain the concept of civil liberties and the philosophies and principles that shape civil liberties and rights in the Australian context, the legal protections afforded them, and the limits that can reasonably be placed on them. |
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| 2. | Synthesise legal and contextual principles and issues, in order to critically evaluate and address legal and policy issues in civil liberties and rights. |
| 3. | Prepare logical, succinct and persuasive written responses to legal problems that are supported by relevant evidence and appropriate for a professional legal context. |
| 4. | Examine a set of facts, identify relevant legal and policy issues raised and consider principles and cases, to determine the likely success of arguments for or against validity or justifiability. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
a. An understanding of approaches to ethical decision making and professional responsibility;
b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1: Preparation for seminars
Extensive learning resources are available on Canvas including: a reading guide; questions to guide reading and develop understanding; additional reading materials; other seminar resources; and hot topics in the media about civil liberties law. In order to prepare for the seminars students complete the required reading and set questions prior to class. The readings and questions are designed to assist students to understand the basics of each topic. These resources form the basis for in-class discussions. Students are also encouraged to develop their own questions from their reading and bring them to the class for discussion.
Strategy 2: Seminar participation, discussion and analysis
Students come to class ready to engage in a lively, informed and critical discussion of the topics set for that class. The seminar leader provides frameworks and guidance to assist students to understand and analyse key principles and cases.
Class discussion is guided by the reading and questions completed before coming to class. By answering and asking questions based on the materials, students have opportunities from the first class to receive direct feedback from their teacher and peers as to their understanding of the topic being considered and the development of their critical thinking skills.
Strategy 3: Online Learning
Students use the open discussion forum on Canvas to supplement their learning from classes, continue class discussions, follow up on areas of interest, and to raise questions. Students are encouraged to provide feedback to each other in this forum and the subject coordinator moderates the forum to ensure that students have a correct understanding of the topics under discussion.
Strategy 4: Feedback
Students are provided with opportunities for feedback in relation to their understanding and critical analytical skills in each and every seminar. Before the census date, students are provided with both individual and general feedback on their understanding of the law and related issues through completion of least 2 online quizzes.
Subject Delivery
Classes are held in intensive mode on Saturdays over the Summer teaching session..
Content (topics)
Topic 1: Introduction to civil liberties - the history of civil rights
Topic 2: Civil liberties in Australian and international law
Topic 3: Freedoms of expression, association, and assembly
Topic 4: Privacy
Topic 5: When individuals' rights clash - when should one right be given priority over others
Topic 6: The criminal law and police - stop and search, detention, use of force, arrest
Assessment
Assessment task 1: Class Participation
| Intent: | Student participation enables students to clarify and reinforce their understanding of the laws, principles and issues facing areas of civil liberties and the law, and to develop skills in the presentation of legal arguments as would be required in practice. It also provides ongoing feedback for students from both staff and fellow students. |
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| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
| Weight: | 20% |
| Length: | 1500 words equivalent |
| Criteria: |
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Assessment task 2: Online Quizzes
| Intent: | Quizzes allow students to progressively test their understanding of and performance in the subject. |
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| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: LAW.1.1 and LAW.3.1 |
| Weight: | 30% |
| Length: | 500 words equivalent |
| Criteria: |
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Assessment task 3: Written Submission
| Intent: | The task aims to assist students in the development of their research, problem solving and advocacy skills. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.2.1 and LAW.3.1 |
| Weight: | 50% |
| Length: | 3000 words +/-10% |
| Criteria: |
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Required texts
There is no single text that covers the content of this subject. A list of weekly required readings will be provided before the commencement of classes.
Where possible readings will be:
- Made available as eReadings through the Library or as links within the "Modules" tab on the Subject Canvas site.
NOTE: it may be necessary in some circumstances for students to access materials and books through the Library that may not be available online.
It is essential that students read the listed required readings provided in the Reading List. Further research and readings are encouraged.