units

LAW4537E

Faculty of Law

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Monash University Handbook 2011 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Trimester 2 2011 (Day)

Synopsis

This course will compare the methods of statutory interpretation in different countries. We will examine the lawmaking processes of the various nations, and what effect different processes should have on statutory interpretation. To that end, we will examine the various goals of statutory interpretation. We also will consider the effects of operating under civil law versus the common law system. Likewise, we will consider the effects of operating in a parliamentary, democratic, or some other, system. The course has multiple aims. First, it will provide a survey of the various legal systems. Second, it will provide students with insights into why each system has adopted particular legislative and judicial rules. In that vein, the course will also consider whether the rules each system has adopted are optimal when compared to the wide range of available rules. Third, the course will provide a working knowledge of the theoretical underpinnings of legislation and judicial interpretation of laws, so that students will be able to discuss the merits or demerits of particular systems on a more abstract level.

Objectives

  • To introduce students to various legislative procedures used in different countries
  • To compare the various methods of interpretation used in different countries
  • To encourage students to think critically about the reasons for legislation and the goals of the courts in implementing that legislation
  • To consider whether the transference of legislative or interpretative methods from one country to another could improve lawmaking

Assessment

Performance in this class will be evaluated in three ways. The first is class participation. Class participation will constitute 5% of the grade. The second is a midterm examination. This midterm will be in-class and will last one hour. (It will be the first hour of class that day; we will have ordinary class for the balance of the time period after the test that day.) The midterm will constitute 15% of the grade. The third is a final examination. It will constitute 80% of the grade. It will be two and a half hours; students will be given half an hour of reading time before the time for the examination begins.

Chief examiner(s)

Dr Heli Askola

Contact hours

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and exam revision time over the duration of the course.