LAW346 Law and Crisis: The Use of Emergency Powers

Updated: 20 March 2019
Credit Points 6
Offering Not offered in 2020
Intensive School(s) None
Supervised Exam There is a supervised exam at the end of the teaching period in which you are enrolled. The exam will either be paper-based and offered at an established exam venue or online with supervision via webcam and screen sharing technology. Coordinated by UNE Exams Unit.
Pre-requisites 36cp in Law including LS220 or LAW220
Co-requisites None
Restrictions LLM546
Notes None
Combined Units LLM546 - Law and Crisis: The Use of Emergency Powers
Coordinator(s) Patrick Graham (pgraham5@une.edu.au)
Unit Description

This unit examines the history and theory behind the use of emergency legal powers in a time of crisis. It looks to how liberal democracies balance the need to confront a public emergency, such as war or widespread civil unrest, while at the same time acting within the rule of law. The unit examines use of emergency laws during wartime, particularly so in the common law world. It also looks at the role which the Weimar constitution's emergency provisions played in the rise of the Nazis. Finally, it examines post-9/11 themes arising from the 'war on terror' such as the concept of habeas corpus and the use of torture methods.

Materials Textbook information will be displayed approximately 8 weeks prior to the commencement of the teaching period. Please note that textbook requirements may vary from one teaching period to the next.
Disclaimer Unit information may be subject to change prior to commencement of the teaching period.
Assessment Assessment information will be published prior to commencement of the teaching period.
Learning Outcomes (LO) Upon completion of this unit, students will be able to:
  1. identify historical trends in the use of emergency legal power in common law countries during times of crisis;
  2. critically engage with the constitutionality and legality of the use of emergency power in various historical contexts;
  3. 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
  4. 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.