Key facts
UNE unit code: LLM546
*You are viewing the 2027 version of this unit which may be subject to change in future.
- Not offered in 2027
- Yes
- No
- Yes
- 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:
- demonstrate a specialist and coherent understanding of historical trends in the use of emergency power in common law countries during times of crisis;
- use initiative and judgement to critically evaluate and engage with the legality and constitutionality of the use of emergency power in various historical contexts;
- 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
- 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.
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 |
|---|---|---|---|---|
| Examination | Yes | 60% | All offerings | Closed Book Examination.It is mandatory to pass the final examination in order to pass the unit. No. Words: 2000 |
| Written assessment | Yes | 40% | All offerings | Problem based question No. Words: 3000 |
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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