Learning Outcomes ;
Upon completion of this unit, students will be able to:
. demonstrate a broad, coherent and thorough understanding of the nature and scope of Australia’s legal and political institutions; the sources of law; and the relationship between case law and statute law; ?
. use autonomy to demonstrate a well-developed ability to read and analyse cases; understand the process by which case law evolves; and be able to evaluate and prioritize their relevance to a hypothetical situation; ?
. use initiative and judgement to critically analyse, synthesize, and consolidate a persuasive and coherent legal argument that applies the principles of statutory interpretation and that communicates the role of the judiciary in interpreting legislation; and ?
. demonstrate an ability to access both domestic and international databases, employing the skills of legal research techniques to critically analyse and evaluate information; and coherently communicate independent exposition of complex legal issues and situations. ?
Assessment type Research paper?
Aligns to Learning Outcomes: 1-4
Aligns to Graduate Attributes: 1-4?1,2,4and6
Length: Maximum 2,500 words
Assessment Question: Assignment Instructions below.
Referencing style must comply with: Australian Guide to Legal Citation.
Discuss the interaction of politics, international law, the common law, legislation, the role of the courts, and decisions of judges in relation to native title. Include a brief discussion of the historical background. What have been the ongoing consequences of these interactions for the self-determination of Indigenous peoples in Australia?
Integrate into your essay a discussion of at least:
. Two cases ?
. Two concepts of international law ?
. Two pieces of legislation ?
. Two legal journal articles ?
. One example involving similar social, legal, or constitutional issues from a ?non-common law jurisdiction. ?
A ‘non-common law jurisdiction’ means a country that does not have a common law legal system (e.g. countries with civil code systems or alternative systems).