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Other Options- Relevant Syllabus Sections:
Optional Focus Study 3 – Global Environment
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•the concepts of environment in the law
•the need for global environmental protection
–environmental impact of industrial society and culture
–development of environmental awareness
–interdependence
–impact on indigenous peoples and local communities
•the meanings of ‘sustainable development’, ‘precautionary principle’, ‘intergenerational/intra-generational equity’, ‘biological diversity’, ‘ecological integrity’ and ‘renewable resources’
•implementation of international agreements: State sovereignty and the roles of national governments in being both the vehicle to implement international environmental agreements and also the obstacle to accepting new ones
Legal Issues and Remedies
•coverage and adequacy of issues at the 1972 Stockholm and 1992 Rio Conferences, international instruments (declarations and treaties), international customary law, United Nations, regional inter-governmental organisations, non-governmental organisations (including Greenpeace, Worldwide Fund for Nature) and media
•the role of international tribunals
–International Court of Justice (ICJ),
–other international tribunals
•Australia’s role in global environmental protection: the scope of Australia’s federal structure in determining Australia’s response
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance or non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
–for the nation-state: recognition of nation-state, sovereignty, interdependence of nation-states, enforceability, equality of treatment between nation-states, addressing inequality between nation-states, balance of international standards and expectations of nation-states
Law Reform
•the agencies of reform and the conditions that give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•How effective have international conferences been in protecting the environment?
•How are international obligations reflected in Australian law?
•What are the different Commonwealth and State powers and responsibilities in environmental protection?
•How effective are Commonwealth and State powers in protecting the environment?
•Is litigation an effective way of protecting World Heritage areas?
•What is the relationship between local and global efforts to protect the environment?
Optional Focus Study 4 – Indigenous Peoples
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•effect of global pressures on indigenous peoples: affinity of indigenous peoples with land and nature, social and cultural traditions of indigenous peoples, colonisation, resistance and resurgence, interdependence and role of indigenous peoples in contributing to global development
•meanings of ‘indigenous peoples’ over time and how indigenous peoples identify themselves:
–‘peoples’, ‘tribes’, ‘nations’, ‘first nations’, ‘indigenous peoples’, ‘Aboriginal peoples’
•implementation of international agreements
–State sovereignty and the roles of national governments in being both the vehicle to implement international agreements to protect indigenous peoples within their national borders and also the obstacle to accepting new ones
Legal Issues and Remedies
•the frameworks to be used in respecting the rights of indigenous peoples: right of self-determination, sovereignty and self-identification and cultural integrity
•international instruments (declarations and treaties), international customary law, United Nations, regional and inter-governmental organisations, non-governmental organisations (including Unrepresented Nations and Peoples Organisation (UNPO)) and media
•the role of international tribunals: International Court of Justice (ICJ) and other international tribunals
•the role of Australia’s federal structure in determining Australia’s response to the legal protection of indigenous peoples
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
–for the nation-state: recognition of nation-state, sovereignty, interdependence of nation-states, enforceability, equality of treatment between nation-states, addressing inequality between nation-states, balance of international standards and expectations of nation-states
Law Reform
•the agencies of reform and the conditions that give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•How has the meaning of ‘indigenous’ changed over time?
•How do indigenous peoples identify themselves?
•How does Australia’s federal structure affect responsibility for and response to indigenous issues?
•How and why do global pressures affect indigenous peoples?
•How effective has international law been in protecting the rights of indigenous peoples?
•Do morality and ethics assume different meanings for indigenous and non-indigenous peoples?
Optional Focus Study 5 – Shelter
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•the right to shelter
–political statements on housing policy
–housing for poor and disadvantaged people
•legal methods of securing shelter
–concepts of real property: ownership, possession, adverse possession, freehold, tenancy
–systems of registration: freehold, leasehold, company, strata, community titles, Old System and Torrens Titles
–private housing: separate dwellings or shared space, purchase and sale of private housing, contract, the role of estate agents, solicitors and licensed conveyancers
–rights and obligations of landlords and tenants
–public housing and the role of authorities
–accommodation for Aboriginal and Torres Straight Islander peoples in urban areas and rural areas
–other special types of shelter: aged, caravan parks, boarding houses, group homes, squatting
Legal Issues and Remedies
•private housing: the advantages and disadvantages of separate housing compared with shared space, mortgages, personal loans, credit reporting, insurance, common property, owners’ corporation, transfer and lease, type of title, problems, neighbours, dispute resolution, protection for buyers
•leasing: security of tenure, default and eviction, the role of tribunals, protection for landlords and tenants, repairs and damage, discrimination
•advantages and disadvantages of public housing
•issues of discrimination and self-determination in relation to Aboriginal and Torres Strait Islander peoples’ housing
•advantages and disadvantages of different types of special shelter
•settling disputes between neighbours: the role of community, tribunals, local governments, courts, community justice centres, comparison of mediation and litigation
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
Law Reform
•the agencies of reform and the conditions which give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•Is there a legal right to shelter in domestic or international law?
•What are the differences between private and public housing?
•To what extent should the State provide protection for homebuyers?
•To what extent do different forms of special accommodation require a person to give up personal rights?
•How are housing disputes resolved?
•Is there a legal obligation on government to provide shelter for particular groups?
Optional Focus Study 6 – Technological Change
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•factors affecting technological change: the development of western industrial society, different approaches to technological change in developing countries, interdependence, impact on indigenous peoples and local communities
•the legal infrastructure of technological change: intellectual property, research agreements, exchange of information, technological transfer, licence, protection of privacy, regulation of biotechnology, technological forgery, fraud and theft, technology of social control
•implementation of international agreements: State sovereignty and the roles of national governments in being both the vehicle to implement international technological agreements and also the obstacle to accepting new ones
Legal Issues and Remedies
•the role played by the various international bodies in responding to technological change
–international instruments (declarations and treaties)
–international customary law
–the United Nations
–regional inter-governmental organisations
–non-governmental organisations (eg scientific associations)
–media
•the role of international tribunals
–International Court of Justice (ICJ)
–other international tribunals
•the role of Australia’s federal system in determining Australia’s response to technological change
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
–for the nation-state: recognition of nation-state, sovereignty, interdependence of nation-states, enforceability, equality of treatment between nation-states, addressing inequality between nation-states, balance of international standards and expectations of nation-states
Law Reform
•the agencies of reform and the conditions which give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•What factors affect technological change?
•Should the law play a role in sharing technology equally between all countries and nations?
•To what extent is it necessary for a country to be part of an international regime to benefit from technological change?
•To what extent can the law keep pace with technological change?
Optional Focus Study 7 – Workplace
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•employment law: development of the law of employment, ‘laissez-faire’ versus State intervention
•the contract of employment: types of employment contracts, common law contract of employment, differences between contract of service and contract for services, express and implied terms, rights and duties of employers and employees
•statutory framework: industrial awards, superannuation guarantee, industrial relations, enterprise agreements, Australian Workplace Agreements (AWAs), State and Federal tribunals
•changes in the master/servant relationship: the development of machinery for settling industrial disputes, standing to seek industrial law remedies
•negotiations between employers and employees: workplace bargaining, individual action, collective bargaining, consensual forms of dispute resolution (such as mediation, grievance procedures)
Legal Issues and Remedies
•change in the workplace
–the impact of technological change on work patterns
–redundancy/dismissal/retirement/retraining
•safety in the workplace: the meaning of safety in the workplace, common law duty of care, statutory duties of employers and employees, Workcover and occupational health and safety, workplace injuries, diseases and rehabilitation
•the contract of employment
–vicarious liability of employers
–remedies of employers against employees in breach of contract
•termination of employment: dismissal, remedies of individual employees against wrongful dismissal, redundancy agreements and retirement schemes
•discrimination in the workplace: legislation aimed at combating racism, sexism, physical disability, age discrimination, equal employment opportunity, equal pay for equal work
•industrial relations
–breakdown in negotiations: strikes, stand-downs, lock-outs, demarcation disputes, work-to-rule, secondary boycotts
–process of settling industrial disputes: definition of an industrial dispute, role of the union, shop floor meetings, industry log of claims, institutional structures and powers, Commonwealth and State powers, conciliation and arbitration: functions of Industrial Commissioners, compulsory conferences, fines and deregistration
•the role of the courts
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
Law Reform
•the agencies of reform and the conditions that give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•What rights and duties exist in the employment contract for employees and employers?
•Why do some people prefer enterprise bargaining to industrial awards?
•How has legislation responded to the changing needs of employees, employers and society’s values in dynamic workplace environments?
•What are the advantages and disadvantages of legal and non-legal methods for regulating workplace arrangement?
•What will the role of the trade unions be in the workplace in the 21st century?
Optional Focus Study 8 – World Order
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•the need for world order: forms of conflict, expansionism, growth of interest in limiting war in human society, interdependence, impact of conflict on indigenous peoples and local communities
•the main ways of working for world order: world government, world/regional federation, peace-enforcement and peacekeeping, regulation of the conduct of hostilities, humanitarian intervention
•implementation of international agreements: State sovereignty and the roles of national governments in being both the vehicle to implement world order agreements and also the obstacle to accepting new ones
Legal Issues and Remedies
•the scope for achieving world order: force, international instruments (declarations and treaties) international customary law, the United Nations, regional inter-governmental organisations, non-government organisations (eg Red Cross/Red Crescent Movement) and media
•the role of international tribunals
–International Court of Justice (ICJ)
–other international tribunals
•the role of Australia’s federal structure in determining Australia’s response to the search for world order
•non-legal remedies (force, persuasion, political negotiation)
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
–for the nation-state: recognition of nation-state, sovereignty, interdependence of nation-states, enforceability, equality of treatment between nation-states, addressing inequality between nation-states, balance of international standards and expectations of nation-states
Law Reform
•the agencies of reform and the conditions that give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•Why do we need world order?
•What forms of conflict disrupt world order?
•What are the legal measures for the peaceful settlement of international disputes?
•How effective are the remedies that seek to achieve world order?
Optional Focus Study 3 – Global Environment
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•the concepts of environment in the law
•the need for global environmental protection
–environmental impact of industrial society and culture
–development of environmental awareness
–interdependence
–impact on indigenous peoples and local communities
•the meanings of ‘sustainable development’, ‘precautionary principle’, ‘intergenerational/intra-generational equity’, ‘biological diversity’, ‘ecological integrity’ and ‘renewable resources’
•implementation of international agreements: State sovereignty and the roles of national governments in being both the vehicle to implement international environmental agreements and also the obstacle to accepting new ones
Legal Issues and Remedies
•coverage and adequacy of issues at the 1972 Stockholm and 1992 Rio Conferences, international instruments (declarations and treaties), international customary law, United Nations, regional inter-governmental organisations, non-governmental organisations (including Greenpeace, Worldwide Fund for Nature) and media
•the role of international tribunals
–International Court of Justice (ICJ),
–other international tribunals
•Australia’s role in global environmental protection: the scope of Australia’s federal structure in determining Australia’s response
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance or non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
–for the nation-state: recognition of nation-state, sovereignty, interdependence of nation-states, enforceability, equality of treatment between nation-states, addressing inequality between nation-states, balance of international standards and expectations of nation-states
Law Reform
•the agencies of reform and the conditions that give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•How effective have international conferences been in protecting the environment?
•How are international obligations reflected in Australian law?
•What are the different Commonwealth and State powers and responsibilities in environmental protection?
•How effective are Commonwealth and State powers in protecting the environment?
•Is litigation an effective way of protecting World Heritage areas?
•What is the relationship between local and global efforts to protect the environment?
Optional Focus Study 4 – Indigenous Peoples
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•effect of global pressures on indigenous peoples: affinity of indigenous peoples with land and nature, social and cultural traditions of indigenous peoples, colonisation, resistance and resurgence, interdependence and role of indigenous peoples in contributing to global development
•meanings of ‘indigenous peoples’ over time and how indigenous peoples identify themselves:
–‘peoples’, ‘tribes’, ‘nations’, ‘first nations’, ‘indigenous peoples’, ‘Aboriginal peoples’
•implementation of international agreements
–State sovereignty and the roles of national governments in being both the vehicle to implement international agreements to protect indigenous peoples within their national borders and also the obstacle to accepting new ones
Legal Issues and Remedies
•the frameworks to be used in respecting the rights of indigenous peoples: right of self-determination, sovereignty and self-identification and cultural integrity
•international instruments (declarations and treaties), international customary law, United Nations, regional and inter-governmental organisations, non-governmental organisations (including Unrepresented Nations and Peoples Organisation (UNPO)) and media
•the role of international tribunals: International Court of Justice (ICJ) and other international tribunals
•the role of Australia’s federal structure in determining Australia’s response to the legal protection of indigenous peoples
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
–for the nation-state: recognition of nation-state, sovereignty, interdependence of nation-states, enforceability, equality of treatment between nation-states, addressing inequality between nation-states, balance of international standards and expectations of nation-states
Law Reform
•the agencies of reform and the conditions that give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•How has the meaning of ‘indigenous’ changed over time?
•How do indigenous peoples identify themselves?
•How does Australia’s federal structure affect responsibility for and response to indigenous issues?
•How and why do global pressures affect indigenous peoples?
•How effective has international law been in protecting the rights of indigenous peoples?
•Do morality and ethics assume different meanings for indigenous and non-indigenous peoples?
Optional Focus Study 5 – Shelter
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•the right to shelter
–political statements on housing policy
–housing for poor and disadvantaged people
•legal methods of securing shelter
–concepts of real property: ownership, possession, adverse possession, freehold, tenancy
–systems of registration: freehold, leasehold, company, strata, community titles, Old System and Torrens Titles
–private housing: separate dwellings or shared space, purchase and sale of private housing, contract, the role of estate agents, solicitors and licensed conveyancers
–rights and obligations of landlords and tenants
–public housing and the role of authorities
–accommodation for Aboriginal and Torres Straight Islander peoples in urban areas and rural areas
–other special types of shelter: aged, caravan parks, boarding houses, group homes, squatting
Legal Issues and Remedies
•private housing: the advantages and disadvantages of separate housing compared with shared space, mortgages, personal loans, credit reporting, insurance, common property, owners’ corporation, transfer and lease, type of title, problems, neighbours, dispute resolution, protection for buyers
•leasing: security of tenure, default and eviction, the role of tribunals, protection for landlords and tenants, repairs and damage, discrimination
•advantages and disadvantages of public housing
•issues of discrimination and self-determination in relation to Aboriginal and Torres Strait Islander peoples’ housing
•advantages and disadvantages of different types of special shelter
•settling disputes between neighbours: the role of community, tribunals, local governments, courts, community justice centres, comparison of mediation and litigation
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
Law Reform
•the agencies of reform and the conditions which give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•Is there a legal right to shelter in domestic or international law?
•What are the differences between private and public housing?
•To what extent should the State provide protection for homebuyers?
•To what extent do different forms of special accommodation require a person to give up personal rights?
•How are housing disputes resolved?
•Is there a legal obligation on government to provide shelter for particular groups?
Optional Focus Study 6 – Technological Change
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•factors affecting technological change: the development of western industrial society, different approaches to technological change in developing countries, interdependence, impact on indigenous peoples and local communities
•the legal infrastructure of technological change: intellectual property, research agreements, exchange of information, technological transfer, licence, protection of privacy, regulation of biotechnology, technological forgery, fraud and theft, technology of social control
•implementation of international agreements: State sovereignty and the roles of national governments in being both the vehicle to implement international technological agreements and also the obstacle to accepting new ones
Legal Issues and Remedies
•the role played by the various international bodies in responding to technological change
–international instruments (declarations and treaties)
–international customary law
–the United Nations
–regional inter-governmental organisations
–non-governmental organisations (eg scientific associations)
–media
•the role of international tribunals
–International Court of Justice (ICJ)
–other international tribunals
•the role of Australia’s federal system in determining Australia’s response to technological change
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
–for the nation-state: recognition of nation-state, sovereignty, interdependence of nation-states, enforceability, equality of treatment between nation-states, addressing inequality between nation-states, balance of international standards and expectations of nation-states
Law Reform
•the agencies of reform and the conditions which give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•What factors affect technological change?
•Should the law play a role in sharing technology equally between all countries and nations?
•To what extent is it necessary for a country to be part of an international regime to benefit from technological change?
•To what extent can the law keep pace with technological change?
Optional Focus Study 7 – Workplace
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•employment law: development of the law of employment, ‘laissez-faire’ versus State intervention
•the contract of employment: types of employment contracts, common law contract of employment, differences between contract of service and contract for services, express and implied terms, rights and duties of employers and employees
•statutory framework: industrial awards, superannuation guarantee, industrial relations, enterprise agreements, Australian Workplace Agreements (AWAs), State and Federal tribunals
•changes in the master/servant relationship: the development of machinery for settling industrial disputes, standing to seek industrial law remedies
•negotiations between employers and employees: workplace bargaining, individual action, collective bargaining, consensual forms of dispute resolution (such as mediation, grievance procedures)
Legal Issues and Remedies
•change in the workplace
–the impact of technological change on work patterns
–redundancy/dismissal/retirement/retraining
•safety in the workplace: the meaning of safety in the workplace, common law duty of care, statutory duties of employers and employees, Workcover and occupational health and safety, workplace injuries, diseases and rehabilitation
•the contract of employment
–vicarious liability of employers
–remedies of employers against employees in breach of contract
•termination of employment: dismissal, remedies of individual employees against wrongful dismissal, redundancy agreements and retirement schemes
•discrimination in the workplace: legislation aimed at combating racism, sexism, physical disability, age discrimination, equal employment opportunity, equal pay for equal work
•industrial relations
–breakdown in negotiations: strikes, stand-downs, lock-outs, demarcation disputes, work-to-rule, secondary boycotts
–process of settling industrial disputes: definition of an industrial dispute, role of the union, shop floor meetings, industry log of claims, institutional structures and powers, Commonwealth and State powers, conciliation and arbitration: functions of Industrial Commissioners, compulsory conferences, fines and deregistration
•the role of the courts
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
Law Reform
•the agencies of reform and the conditions that give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•What rights and duties exist in the employment contract for employees and employers?
•Why do some people prefer enterprise bargaining to industrial awards?
•How has legislation responded to the changing needs of employees, employers and society’s values in dynamic workplace environments?
•What are the advantages and disadvantages of legal and non-legal methods for regulating workplace arrangement?
•What will the role of the trade unions be in the workplace in the 21st century?
Optional Focus Study 8 – World Order
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•the need for world order: forms of conflict, expansionism, growth of interest in limiting war in human society, interdependence, impact of conflict on indigenous peoples and local communities
•the main ways of working for world order: world government, world/regional federation, peace-enforcement and peacekeeping, regulation of the conduct of hostilities, humanitarian intervention
•implementation of international agreements: State sovereignty and the roles of national governments in being both the vehicle to implement world order agreements and also the obstacle to accepting new ones
Legal Issues and Remedies
•the scope for achieving world order: force, international instruments (declarations and treaties) international customary law, the United Nations, regional inter-governmental organisations, non-government organisations (eg Red Cross/Red Crescent Movement) and media
•the role of international tribunals
–International Court of Justice (ICJ)
–other international tribunals
•the role of Australia’s federal structure in determining Australia’s response to the search for world order
•non-legal remedies (force, persuasion, political negotiation)
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
–for the nation-state: recognition of nation-state, sovereignty, interdependence of nation-states, enforceability, equality of treatment between nation-states, addressing inequality between nation-states, balance of international standards and expectations of nation-states
Law Reform
•the agencies of reform and the conditions that give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•Why do we need world order?
•What forms of conflict disrupt world order?
•What are the legal measures for the peaceful settlement of international disputes?
•How effective are the remedies that seek to achieve world order?