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Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Advanced

Former School/College

Former School of Law and Justice

Pre-requisites

Any eight law units (96 credit points) of which at least one must be an introductory unit

Unit aim

Examines one or more legal systems that are different to the Australian legal system. Will provide an insight into the similarities and differences between these other legal systems and the Australian legal system in order to enable students to compare and contrast the strengths and weaknesses of these other legal systems with the Australian legal system.

Unit content

Topic l :The political and economic origins of the EU.
Topic 2 : The political and judicial institutions of the EU, including a detailed study of the functions and activities of: The European Commission and its Secretariat-General; The Council; The European Court of Justice; The European Parliament.
Topic 3The principles of 'direct effect' and 'direct applicability' in EU law.
Topic 4The interrelationship between EU law and the law of the twenty-seven member States of the EU. This topic also involves an examination of the principle of the 'supremacy' of EU law.
Topic 5 Sources of EU law, including a study of the Union's legislation and its general principles of law.
Topic 6 Judicial review in the EU with special emphasis on the causes of actions and grounds of review. This topic deals with the question whether and, if so, to what extent the European Court of Justice may pass judgment on the actions of community authorities.
Topic 7 The four fundamental freedoms of the EU, namely the free movement of goods, workers, capital and services.
Topic 8 The trans-national protection of social and economic rights, including an examination of the EU's anti-discrimination legislation and case law.
Topic 9 Community liability: the right of citizens to recover damages from the Community when it fails to fulfil its obligations.
Topic 10 The treaty-making power of the EU.
Topic 11 The policies of the EU with special emphasis on the Common Agricultural Policy and the EU's social policies.

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

GA1: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
On completion of this unit, students should be able to: GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 compare and contrast the legal system of one or more countries and Australia;
2 recognise and analyse the concepts which are necessary to become independent learners
3 describe and explain the function of each legal system and its role in the development of a mature legal system
4 apply high levels of analytical skill to the reading of primary and secondary materials in order to determine the major legal issues and themes in each legal system
5 demonstrate analytical skills in conducting legal research in relation to each legal system and written skills in the presentation of research

On completion of this unit, students should be able to:

  1. compare and contrast the legal system of one or more countries and Australia;
    • GA4:
  2. recognise and analyse the concepts which are necessary to become independent learners
    • GA5:
  3. describe and explain the function of each legal system and its role in the development of a mature legal system
    • GA4:
  4. apply high levels of analytical skill to the reading of primary and secondary materials in order to determine the major legal issues and themes in each legal system
    • GA4:
  5. demonstrate analytical skills in conducting legal research in relation to each legal system and written skills in the presentation of research
    • GA7: