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
Academic unit | Law |
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Credit points | 6 |
Prerequisites
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None |
Corequisites
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None |
Prohibitions
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None |
Assumed knowledge
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None |
Available to study abroad and exchange students | No |
Teaching staff
Coordinator | Roger Magnusson, roger.magnusson@sydney.edu.au |
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Lecturer(s) | Roger Magnusson, roger.magnusson@sydney.edu.au |