units

LAW4537

Faculty of Law

Undergraduate - Unit

This unit entry is for students who completed this unit in 2014 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

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, or view unit timetables.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2014 (Day)
Coordinator(s)Professor Graeme Hodge; Mr Eric Windhoz

Synopsis

This Unit explores the interrelationship between public policy, regulation and the law. The Unit begins by introducing students to the policy cycle - the process by which issues (or problems) are identified and prioritised for action by government, and the action to be taken to address the issue (solve the problem) is agreed. In doing so, the Unit will expose students to some of the challenges facing governments and regulators when deciding whether and how to address a particular issue. The Unit also will introduce students to the breadth of tools available to governments to achieve their policy ends. In doing so, the Unit will explore how the concept of 'regulation' has expanded beyond the traditional legal concept of regulation as rules promulgated by a sovereign state, to include all the tools used by governments to alter or control the behaviour of people and other entities. The Unit will then explore some the theories, concepts and constructs that explain regulatory practice in a modern liberal capitalist society, before moving on to consider what may constitute 'good' regulation and regulatory practice. Finally, the Unit will explore how the law intersects with, supports and shapes public policy and the regulatory endeavour. Rather than focus on one substantive area of regulation, several case studies will be used to illustrate and highlight the general themes of the Unit. Moreover, the Unit will include aspects of politics, economics, public administration and public policy in its consideration of the issues, further developing students' skills in understanding and applying the law in its societal context.

Outcomes

On completion of the Unit students should have:

  • acquired an understanding of the policy cycle and the challenges facing governments and regulators when deciding whether and how to regulate a particular issue;
  • acquired an understanding of a number of theories, concepts and constructs that explain regulatory practice in a modern liberal capitalist society;
  • acquired the capacity to apply a number of regulatory theories, concepts and constructs to analyse a basic regulatory regime to identify its key elements and institutional characteristics;
  • acquired a general understanding of the relationship between regulation and the other principal activities of government;
  • further developed skills in understanding and applying the law in its societal context;
  • further developed skills in research and critical analysis;
  • further developed oral communication skills;
  • an opportunity to develop team work skills.

Assessment

Research assignment: 50% (50 marks).
Examination (120 minutes writing time plus 10 minutes reading time): 50% (50 marks).

Research assignment:
The assignment will consist of an oral presentation (10 marks) and a written paper (40 marks).
Students will be given the choice of undertaking the assignment individually or in self-managed teams of 2, 3 or 4 persons.
Individual assignment:
+ 5 minute oral presentation; and
+ 2000 word written paper.
Group assignment:
+ 10 minute group oral presentation - the marks for which will be common to all students in that group; and
+ 2000 word group written paper - the marks for which will be common to all students in that group.

Chief examiner(s)

Workload requirements

3 hours per week

Prerequisites

Co-requisites

None

Prohibitions

None