17/09/2017
WELCOME TO THE “RULE OF LAW EXPOSED” PROFESSIONAL LEARNING SEMINAR
Agenda 0945 Welcome Explaining the rule of law and its elements using the rule of Session 1: law pyramid.
1015 Session 2: Explore contemporary examples, especially Racial Discrimination and Freedom of Speech.
1100 Session 3: Promoting student engagement in Years 7-10 RoLI resources and Q&A.
1125 Session 4: Teaching & Learning approaches to help understand rule of law in contexts suitable to students of both Civics & Citizenship and Politics & Law ATAR. 1145 Conclusion Q&A or WACE Student Revision Seminar for Politics & Law
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RULE OF LAW EXPOSED BY JACKIE CHARLES
Please see the separate document which contains the presentation
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TEACHING & LEARNING STRATEGIES FOR CIVICS & CITIZENSHIP AS WELL AS POLITICS & LAW
CIVICS & CITIZENSHIP CURRICULUM
Year 7 Civics & Citizenship: the purpose and value of the Australian Constitution; the concept of the separation of powers between the legislature, executive and judiciary and how it seeks to prevent the excessive concentration of power; how Australia’s legal system aims to provide justice, including through the rule of law, presumption of innocence, burden of proof, right to a fair trial, and right to legal representation; Year 9 Civics & Citizenship: the key principles of Australia’s justice system, including equality before the law, independent judiciary, and right of appeal; Year 10 Civics & Citizenship: the role of the High Court, including interpreting the Constitution; the international agreements Australia has ratified and examples of how they shape government policies and laws (e.g. the International Convention on the Elimination of All Forms of Racial Discrimination);
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POLITICS AND LAW ATAR SYLLABUS
PAL Unit 1: the principle of rule of law, separation of powers doctrine and judicial independence; operating principles of a liberal democracy; at least one contemporary issue (the last three years) involving the judicial process; PAL Unit 3: at least one contemporary issue (the last three years) relating to legal power; Any High Court case [because it is Year 12] in the last three years so students can show the power used by the court to make a decision – and the impact of that decision (linking back to key concepts/principles) PAL Unit 4: the practices of governance including the rule of law and human rights; the status of international covenants, protocols and treaties in protecting human rights in Australia; the ways in which Australia and one other country can both uphold and/or undermine democratic principles, with reference to the rule of law and judicial independence.
HOW CAN YOU DIFFERENTIATE THE RULE OF LAW FOR YEAR LEVELS?
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RULE OF LAW
Define it: Explain its elements/characteristics See it in the world: Elaborate and find examples and evidence to demonstrate the elements Find arguments and examples to challenge the upholding of rule of law or show threats to it (in Australia and one other country) Juxtapose: Compare it to ‘rule by law’
RULE OF LAW DEFINITION – YEAR 7-9
principle that all actions of everyone are subject, equally, to the law/s and that no one is above the law Especially that the: Law applies to all citizens, no matter who they are – or their position, power or status Laws should be enforceable and reflect values and attitudes of community Rule of law can be protected through separation of powers, judicial independence and the right to a fair trial/appeal Citizens should have equal rights to use the courts and be treated fairly in court
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RULE OF LAW – YEAR 10
principle that all actions of everyone, INCLUDING GOVERNMENT, are subject, equally, to the law/s and that no one is above the law Especially that the: Law applies to all citizens, no matter who they are – or their position, power or status Laws should be enforceable, reflect values and attitudes of community, CONSISTANT, FAIR HEARINGS, TRADITIONS AND CONVENTIONS *Use of international conventions/covenants/protocols and incorporation of United Nations governance/review Rule of law can be protected through separation of powers, judicial independence and the right to a fair trial/appeal Citizens should have equal rights to use the courts and be treated fairly in court
RULE OF LAW DEFINITION – YEAR 11-12
Fundamental principle that all actions of individuals and governments are subject, equally, to the law/s and that no one is above the law (everyone is equal before the law) A number of characteristics/elements/features include: Law applies to all citizens, no matter position, power or status (Supremacy of law) Laws should be clear, understandable, able to be learnt, stable yet flexible, consistent, enforceable and reflect values and attitudes of community, in futuro not retrospective Effective methods of upholding the rule of law including separation of powers, judicial independence, discretion and impartiality, fair hearings, traditions and conventions to ensure legal decisions based on reasonable interpretation of laws Citizens are equal before the law and enjoy the same legal rights (equality of ‘access and equity’)
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INVESTIGATING THE RULE OF LAW:
Examples include: Judge Marcus Einfeld, Senator Mary-Jo Fisher (Liberal), Paul Omedei MLA (Ex-Leader Liberal Party WA), Andrew Theophanous MHR (Labor), Terry Martin MLC (ALP Tasmania), Judge Roderick Howie (NSW Supreme Court), Hogan v Hinch 2011, Troy Buswell (Liberal Treasurer), Craig Thomson, Peter Slipper Communist Party Case; Wik Peoples and Native Title Amendment Act 1998; Plaintiff M70 Section 72; SA v Totani; Mandatory sentencing in WA; Magistrates Court Stirling Gardens = Habeas Corpus; judicial process in cases Dietrich; Robyn Bella Kina
TEACHING AND LEARNING STRATEGIES SUGGESTIONS FROM THE RULE OF LAW INSTITUTE https://www.ruleoflaw.org.au/education/teaching-strategies/
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PRINCIPLES & CONTEXT
Use the rule of law pyramid to articulate a framework for teaching critical thinking by showing relationships between rule of law principles and context. Explain the meaning of rule of law principles, ask what happens if they are not present in a society. Use the pyramid as a flexible framework to give a visual structure to legal principles and concepts. Some students also benefit from a list, criteria or element based approach Set the legal context by explaining how and why (purpose) we have a given principle – this lays the foundation for telling stories and explaining black-letter law that is interesting and engaging.
STORIES + SKILLS
A good story always has a hook at the beginning, an interesting or challenging complication and a resolution. Pick an interesting and relevant case study that relates to multiple principles in the pyramid. Make a judgement-call based on your knowledge of the students about how best to describe and explain the black-letter law (legal processes and terminology). This could be as simple as providing a reference to a law, or a great quote from a case and telling students why it matters in terms of a principle from the pyramid. It could be as complex as asking students to read small excerpts of law and argue about what specific legal terminology could mean. Explicit teaching of research skills and legal terminology supports comprehension of legal texts: the golden rule is to chunk (scaffold) complex concepts into smaller units with reference to real people and examples.
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SYNTHESIS
Synthesis is the act of using the resolution of the story, the principles in the pyramid and the context to leave students with a broader idea or problem to think about. The resolution of the story refers explicitly back to principles – does the story represent a positive, negative, or other kind of outcome for the principle in question? Make the resolution of the story problematic and present opposing perspectives Expect students to articulate their own view about a case study based on a synthesis of principle, context and law. Ideally this process will help students examine and interpret other case studies and legal issues. (apply their learning to future situations and applications)
RESOURCES
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SCSA
Word Format Key concepts and explanations Pg.105-106 Justice The concept of justice is about understanding the rule of law and its application; the idea of equality before the law, the importance of judicial independence and objectivity leading to the law being perceived as fair. An understanding of the concept of justice is developed in the following ways: the principles of ‘natural justice’ and how these are upheld or undermined with a focus on Australia and with a comparison made to other nations, including those in the Asian region the processes of the courts and the parliaments in Australia and the centrality of the rule of law the individual within the legal system. Scope and Sequence – Civics & Citizenship – Years 3-6 – pg.38-39 Years 7-10 – pg.46 HASS Glossary – pg.20
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RULE OF LAW INSTITUTE
• There are many interactive elements to the Rule of Law Institute Website as well as video resources. • Suitable for students at various levels in secondary / senior school
https://www.ruleoflaw.org.au/education/videos/ruleoflaw/
MAGNA CARTA LEGACY
A thorough, yet engaging way to explore separation of powers, role of the judiciary in providing accountability of the parliament, freedoms of thought, association and political communication Suitable for Years 7+ http://www.magnacartalegacy.org/newspaper.html Contains links to many international sites that contain a wealth of resources on the Magna Carta – share this website with Year 6 & 7 teachers! Can also find some quality videos on Youtube
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FRANCIS BURT LAW EDUCATION PROGRAMME
Contains numerous resources on rule of law, court hierarchy and role of courts/sentencing activities as well as speeches on numerous FBLEP newsletters Education programs and court visits! Rule of Law student post-visit resource Judicial Review: Populism, the rule of law, natural justice and judicial independence (pg10+) https://www.lawsocietywa.asn.au/community/francis-burt- law-education-programme/#education-resources Suitable for all year levels of Civics & Citizenship
WORLD JUSTICE REPORT
The World Justice Project (WJP) Rule of Law Index ® is the world’s leading source for original data on the rule of law. The 2016 edition expands coverage to 113 countries and jurisdictions (from 102 in 2015), relying on more than 100,000 household and expert surveys to measure how the rule of law is experienced in practical, everyday situations by the general public worldwide. Performance is measured using 44 indicators across eight primary rule of law factors, each of which is scored and ranked globally and against regional and income peers: Constraints on Government Powers, Absence of Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice, and Criminal Justice.
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WHY USE THE WORLD JUSTICE REPORT WITH STUDENTS?
Suitable for Politics and Law students in Year 11 and Year 12 May also be suitable for students in Year 10 when considering ‘corruption’ Promotes creative and critical thinking skills Creating questions and hypothesise on why Australia is ranked #11 globally and the possible causes for lower-than-expected indicator ratings Provides authoritative data to support analysis and argument
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PRINTED TEXTS
Printers and distributors have issued WA curriculum based resources for Years 7-10: Oxford N.B: Has sections that explain the key concepts Pearson Jacaranda (TBR)
PLEAWA has issued the ‘Power, Accountability & Rights’ Year 12 textbook and are considering the production of a Year 11 text for 2019 academic year.
@PLEAWA A good source for lots of relevant examples on the syllabus
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CLOSING
Thanks to Notre Dame University and its staff for supporting PLEAWA, staff and students in the running of this seminar. Thanks for Jackie Charles and the Rule of Law Institute for the engaging and knowledgeable guidance on rule of law. Thank you for your attendance and all the best during the remainder of your year!
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