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Course

Human Rights and Security - LAWS8164

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: Academic Program must be 9200 or 5740 or 9210 or 9240 or 5760 or 9211 or 5211.

Equivalent: JURD7464

Excluded: JURD7464, JURD7507, LAWS8107

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course focuses on the relationship between the concepts of security, liberty and human rights. In particular, it offers a detailed examination of the theoretical and historical underpinnings of “security” and “liberty” and analyses how these concepts translate into contemporary international (human rights) and domestic law. It will consider selected works by traditional writers such as Hobbes, Locke, Montesquieu, Mill, Schmitt as well as relevant theorists in the political science literature on security, including Wolfers, Baldwin and Buzan. The course will then cover selected case studies to illustrate tensions and convergences between the concepts of "liberty" and "security". These case studies will deal with a wide range of topics and will be vary from year to year. They include, but are not limited to privacy issues, homosexuality in the military, preventive justice, preventive detention of offenders at the risk of recidivism, national security, counter-terrorism, coup d'etats, emergency derogations and the process of limiting rights, extradition and deportation for security reasons, torture and ticking bomb scenarios, freedom of expression and incitement to violence. What all case studies have in common is that they originate in a long-standing predicament of the liberal democratic state: how far are we prepared to go to create a “secure” environment for ourselves without getting caught in our own security net?


LLM Specialisation

Recommended Prior Knowledge

It is desirable for students enrolling in this course to already have a basic understanding and knowledge of human rights.

Course Aims

The specific aims of this course are:
  1. to examine and analyse the theoretical underpinnings of the concepts of “security” and “liberty”;
  2. to provide students with an understanding of the historical development of the operation of human rights in times of crisis;
  3. to develop students’ knowledge and understanding of contemporary challenges in relation to human rights and security;
  4. to assist students to develop advanced research skills in the area of the human rights law and policy;
  5. to assist students to recognise international human rights law in their subsequent careers and to point them in the direction of ways of resolving them;
  6. to develop students’ discipline in the advocacy of international human rights law.

Learning Outcomes

At the conclusion of this course, students should be able to:
  1. recall and recount the philosophical and legal complexities of the interrelationship between “liberty” and “security;
  2. explain in your own words the meaning of legal concepts, doctrines and principles we have studied;
  3. comprehend and evaluate the legal frameworks relating to security and human rights;
  4. identify some key areas in the field of security and international human rights law which are currently the subject of debate and development;
  5. research and access information on security issues and how they impact human rights; and
  6. think critically and to justify your ideas in a reasoned manner and communicate effectively, in speaking and writing, on matters concerning international human rights law.
  7. Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner;
  8. Demonstrate effective written communication skills by articulating legal concepts clearly, persuasively and appropriately

Assessment

Research essay outline 10%
Class participation 20%
Research essay (6000-7000 words) 70%
The Quadrangle Sundial

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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