Undergraduate UNE-LAW346-2023

Law and Crisis: The Use of Emergency Powers

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$2,720 $3,612

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Duration

16 weeks

Study method

100% Online

Available loans

FEE-HELP

Assessments

Subjects may require attendance

Prior study

Required

Start dates

23 Oct 2023

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2023

Subject details

What you'll learn

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 covered

- 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.

Entry requirements

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:

one of

UNE-LAW172-Contract Law
UNE-LAW272-Law of Contract II (No longer available)

and

UNE-LAW101-Law in Context

and

UNE-LAW100-Foundations of Law

and

UNE-LAW399-Constitutional Law

and

UNE-LAW102-Legal Professional Skills

and one of

UNE-LAW162-Criminal Law
UNE-LAW312-Criminal and Civil Procedure (No longer available)

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)

Others

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.

Additional requirements

Equipment requirements - 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).
Software requirements - 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
Other requirements -
Textbook requirements:

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.

Description

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.

Assessments

Assessment 1 - Problem Question Essay: 1500 words. Relates to Learning Outcomes 1-4 Quizzes. Relates to Learning Outcomes 1, 2 Final Examination: 2000 words. 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%)

Textbooks

For textbook details check your university's handbook, website or learning management system (LMS).