Law and Crisis: The Use of Emergency Powers
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Online and other materials
Subjects may require attendance
- 25 Oct 2021
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Upon completion of this subject, students will be able to:
- identify historical trends in the use of emergency legal power in common law countries during times of crisis;
- critically engage with the constitutionality and legality of the use of emergency power in various historical contexts;
- demonstrate the ability to articulate substantiated opinion on the utility and weaknesses inherent within the use of a range of extraordinary legal responses in times of crisis across the common law world; and
- identify, analyse and critically comment upon the range and historical pattern of political and judicial responses to the application of executive emergency power in the common law world.
- Topics will be available to enrolled students in the subjects Learning Management System site approximately one week prior to the commencement of the teaching period.
You must either have successfully completed the following subject(s) before starting this subject, or currently be enrolled in the following subject(s) in a prior study period; or enrol in the following subject(s) to study prior to this subject:
UNE-LAW172-Contract Law, or UNE-LAW272-Law of Contract II and UNE-LAW101-Law in Context and UNE-LAW100-Foundations of Law and UNE-LAW399-Constitutional Law and UNE-LAW102-Legal Professional Skills and UNE-LAW162-Criminal Law, or UNE-LAW312-Criminal and Civil Procedure ;
Please note that your enrolment in this subject is conditional on successful completion of these prerequisite subject(s). If you study the prerequisite subject(s) in the study period immediately prior to studying this subject, your result for the prerequisite subject(s) will not be finalised prior to the close of enrolment. In this situation, should you not complete your prerequisite subject(s) successfully you should not continue with your enrolment in this subject. If you are currently enrolled in the prerequisite subject(s) and believe you may not complete these all successfully, it is your responsibility to reschedule your study of this subject to give you time to re-attempt the prerequisite subject(s)
Candidature in Bachelor of Laws (4 Years). To enrol in this subject you will need to pass the Prerequisite/s. Please note as UNE results are released after the close of enrolment date, your enrolment into this subject will be withdrawn if you do not pass the prerequisite subject/s.
- EquipmentDetails - Headphones or speakers (required to listen to lectures and other media) Headset, including microphone (highly recommended) Webcam (may be required for participation in virtual classrooms and/or media presentations).
- SoftwareDetails - It is essential for students to have reliable internet access in order to participate in and complete your units, regardless of whether they contain an on campus attendance or intensive school component. For additional information please visit UNE Hardware Requirements: https://www.une.edu.au/current-students/support/it-services/hardware
- TravelDetails - Travel may be required to attend the Final Examination for this subject.
- OtherDetails -
Textbook information is not available until approximately 8 weeks prior to the commencement of the Teaching period.
Students are expected to purchase prescribed material.
Textbook requirements may vary from one teaching period to the next.
This subject examines the history and theory behind the use of emergency legal powers in a time of crisis. We explore how liberal democracies balance responding to a public emergency, such as war, civil unrest, or a health crisis while at the same time acting within the rule of law. We begin by looking at the theory of emergency and the role which the Weimar constitution's emergency provisions played in the rise of the Nazis. We then look to the Australian experience of emergency – dealing with wartime threats, political extremism, natural disasters and pandemics – and ask how this fits within the broader theory of emergency law and politics.
Assessment 1 - Problem Question Essay: 1500 words. Relates to Learning Outcomes 1-4 Quizzes. Relates to Learning Outcomes 1, 2 Final Examination: 2000 words. Assessment Notes: Closed Book Examination. It is mandatory to pass the final examination in order to pass the unit. Relates to Learning Outcomes 1-4 There is a supervised exam at the end of the teaching period in which you are enrolled. The exam will be offered online with supervision via webcam and screen sharing technology. Coordinated by UNE Exams Unit. UNE manages supervised exams associated with your UNE subjects. Prior to census date, UNE releases exam timetables. They’ll email important exam information directly to your UNE email address.
- Problem Question Essay (25%)
- Final Examination (60%)
- Quizzes (15%)
Current study term: 24 Oct 21 to 04 Feb 22)
Check the learning management system (LMS) of your university for textbook details.