LLM546 Law and Crisis: The Use of Emergency Powers

Updated: 21 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 candidature in LLM prior to 2015; or candidature in LLM from 2015 (rule a or b - Australian); or candidature in LLM from 2015 (rule a or b - non-Australian) and LLM533; or candidature in LLM from 2015 (rule c) and 48cp including LLM533 and LAW220
Co-requisites None
Restrictions LAW346
Notes None
Combined Units LAW346 - 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. demonstrate a specialist and coherent understanding of historical trends in the use of emergency power in common law countries during times of crisis;
  2. use initiative and judgement to critically evaluate and engage with the legality and constitutionality of the use of emergency power in various historical contexts;
  3. exercise well-developed analytical, research and cognitive skills to consolidate a persuasive legal argument that reflects on historical and contemporary use of extraordinary legal responses in times of crisis across the world and its effectiveness; and
  4. use advanced communication skills to evaluate, analyse, synthesise and research various patterns of political and judicial responses to the application of executive emergency power in the common law word, demonstrating informed and independent opinions and application of professional judgement.