78284 Courts and Judges
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Credit points: 6 cp
Result type: Grade and marks
Requisite(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.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Demonstrate an advanced and integrated understanding of the structure and operation of the Australian judicial system in its legal, political, social and historical context. |
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| 2. | Understand a range of methodological approaches to studying judicial systems in order to critically evaluate their legal, political, social and historical dimensions. |
| 3. | Conduct effective research by locating and synthesising multidisciplinary scholarship in order to analyse and critically evaluate institutions, policies, processes and laws that affect the operation of the judicial system. |
| 4. | Construct and present clear, succinct, creative and persuasive written arguments relevant to the judicial system, which are substantiated by scholarship and research. |
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
An advanced and integrated understanding of a complex body 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 principles and values of justice and ethical practices in lawyers' roles;
d. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
e. Contemporary developments in law and its professional practice. (1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including an ability to:
a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1) - Research Skills
Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
b. Apply ethical research practices. (4.1)
Teaching and learning strategies
Strategy 1
Student preparation
Extensive learning resources will be made available to students prior to class, including written materials, and questions and activities designed to guide reading. Students prepare for class by completing the assigned readings, considering the questions, and doing the activities. These test their understanding of the content of the readings.
Strategy 2
Student Participation
Seminar style classes are conducted in an interactive format. Student participation and engagement with the subject is encouraged by allocating responsibility for student-lead discussion, and by exploring, wherever possible, current and contemporary issues affecting the judicial system. Each student will be required to lead discussion in two seminars, namely, those for which they are also required to present written answers.
Class discussions provide an opportunity for students to build on their independent study and critically explore, analyse and reflect on a range of relevant issues, as well as to develop and evaluate their own policy positions. Students will be able to gain valuable feedback from their colleagues and the teacher and at the same time develop their skills in critical analysis and evaluation.
Strategy 3
Independent learning & skills acquisition through research
Students achieve a sophisticated understanding of the judicial system by completing a research essay. By undertaking research into a specific area relevant to courts and judges, students are able to grasp and grapple with complex issues in the field, and make suggestions for reform.
Strategy 4
Feedback to encourage critical reflection and self-improvement
Learning develops in a rounded way with the benefit of ongoing feedback, which includes not only what needs attention but also how issues for attention might be addressed. Feedback comes from a variety of sources including from peers in the class who respond to a student’s contribution; the teacher in response to class contribution and written assignments; and a student’s own reflection on their work and participation.
Subject Delivery
9 x 4-hour weekly seminars, delivered as 18 x 2-hour modules.
Content (topics)
1 - Dispute Resolution Systems I: Courts as a System
2 - Dispute Resolution Systems II: The Rise of Tribunals
3 - Court Structures I: Appellate Courts
4 - Court Structures II: Courts of First Instance
5 - Court Operations I: The Role of Head of Jurisdiction
6 - Court Operations II: Court Governance
7 - Judicial Personnel I: Judicial Selection and Appointment
8 - Judicial Personnel II: Judicial Diversity
9 - Judicial Personnel III: Other Judicial and Quasi-Judicial Personnel
10 - Judicial Personnel IV: Judicial Tenure
11 - Independence & Impartiality I: Judicial Independence
12 - Independence & Impartiality II: Judicial Impartiality
13 - Judicial Accountability I: Open Court, Reasons, Appeals, and Reporting
14 - Judicial Accountability II: Complaints, Discipline, Suspension, and Removal
15 - The Evolution of Judicial Systems I: From Past to Present
16 - The Evolution of Judicial Systems II: Into the Future - The Role of Technology
17 - Recurrent Themes I: Judicial Federalism
18 - Recurrent Themes II: Values and Principles in Judicial Systems
Assessment
Assessment task 1: Seminar Participation
| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 1.1 and 3.1 |
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| Weight: | 20% |
| Criteria: |
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Assessment task 2: Online Quizzes (weekly)
| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 1.1 and 3.1 |
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| Weight: | 20% |
| Length: | 40 MCQ or true/false questions spread over 8 weeks |
| Criteria: |
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Assessment task 3: Short seminar questions
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: 1.1 and 3.1 |
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| Weight: | 20% |
| Length: | 2 x 500 words |
| Criteria: |
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Assessment task 4: Research Essay
| 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: 4.1 |
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| Weight: | 40% |
| Length: | 2000 words, excluding footnotes and bibliography (so long as the footnotes contain only citaitons to referenced material) |
| Criteria: |
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Minimum requirements
An overall mark of 50% in the subject
Required texts
There is no required text for this subject.
Readings are set out in each Canvas module as 'prescribed' or 'supplementary' readings, which are linked to the Library's holdings.