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Unit of study_
LAWS6839: Critical Issues in Public Health Law
2024 unit information
This unit provides an introduction to public health law. It begins by asking the question ‘What is public health law?’. It explores the historical concerns and conceptual focus of public health law, and how they have evolved over time. Next, the unit reviews the sources of public health law, with a particular focus on international law and global health governance, and the role of the World Health Organisation. It presents a series of case studies that illustrate the sources of public health law, including the global governance of pandemics and public health emergencies, the impact of international law on access to essential medicines in low-income countries, and the impact of constitutional rights on governments’ capacity to protect public health. The case studies illustrate the wide variety of legal issues that arise in public health, as well as debates about the appropriate limits for law in protecting health in a liberal democracy, and the irreducibly political nature of public health law. The unit then considers two foundational topics in public health law, beginning with Australia’s legal framework for responding to public health emergencies (with a focus on Covid-19). This topic includes a simulated or 'virtual epidemic' that requires students to apply Australia’s legal framework for public health emergencies to a novel factual scenario: class participation will be expected. Secondly, the unit provides an introduction to tobacco and nicotine control law, including different kinds of tobacco litigation, and key legislation. Key topics include: The definition and role of public health law; Case studies illustrating the sources of public health law; The legal framework for managing Covid-19 and outbreaks of other contagious diseases with pandemic potential; An introduction to tobacco control law. Throughout the unit, students will be trained to identify legal issues and to critically evaluate the impact of law on efforts to protect the public’s health, with due regard to civil liberties and other competing public and private interests. A flexible assessment regime will allow students to focus on issues of interest within the unit. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html
Unit details and rules
Managing faculty or University school:
Law
| Code | LAWS6839 |
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| Academic unit | Law |
| Credit points | 6 |
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Prerequisites:
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None |
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Corequisites:
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None |
| Prohibitions:
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None |
| Assumed knowledge:
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None |
At the completion of this unit, you should be able to:
- LO1. Critically analyse the historical and conceptual underpinnings of public health law, as well as normative debates about the proper scope for law in protecting public health.
- LO2. Critically evaluate sources of public health law e.g., international law, constitutional law, common law, and statute, to identify and describe the impact of the sources of public health law upon legal responses to key public health challenges.
- LO3. Synthesise and communicate complex legal arguments, employing relevant legal research methodologies, and analytical skills, that reflect on: (i) the role of law in disease prevention, health risk mitigation, and responses to outbreaks of contagious disease with pandemic potential; (ii) the role of law in responding to tobacco use in the United States and Australia, with a particular focus on New South Wales; and (iii) the effectiveness of law in preventing disease and reducing health risks at the population level.
Unit availability
This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.
The outline is published 2 weeks before the first day of teaching. You can look at previous outlines for a guide to the details of a unit.
Modes of attendance (MoA)
This refers to the Mode of attendance (MoA) for the unit as it appears when you’re selecting your units in Sydney Student. Find more information about modes of attendance on our website.
