Key facts
UNE unit code: LAW346
*You are viewing the 2026 version of this unit which may be subject to change in future.
- Not offered in 2026
- Yes
- No
- No
- 6
Unit information
This unit examines the history and theory behind the use of emergency legal powers in a time of crisis.
You will 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.
You’ll 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.
The unit then looks to the Australian experience of emergency – dealing with wartime threats, political extremism, natural disasters and pandemics – and asks how this fits within the broader theory of emergency law and politics.
Intensive schools
There are no intensive schools required for this unit.
Enrolment rules
Notes
Please refer to the student handbook for current details on this unit.
Unit coordinator(s)
Learning outcomes
Upon completion of this unit, 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.
Assessment information
Assessments are subject to change up to 8 weeks prior to the start of the teaching period in which you are undertaking the unit.
| Title | Must Complete | Weight | Offerings | Assessment Notes |
|---|---|---|---|---|
| Assignment | Yes | 35% | All offerings | Problem question essay No. Words: 2000 max. |
| Quizzes | No | 15% | All offerings | |
| Take Home Examination | Yes | 50% | All offerings | It is mandatory to pass the final examination in order to pass the unit. No. Words: 2000 |
Learning resources
Textbooks are subject to change up to 8 weeks prior to the start of the teaching period in which you are undertaking the unit.
Note: Recommended material may be held in the University Library — purchase is optional.
The Constitution of Law: Legality in a Time of Emergency
ISBN: 9780521677950
Dyzenhaus, D., Cambridge University Press 2006
Text refers to: All offerings
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