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Sample legal studies programme 2

The following programme is an example of how a programme of legal studies content could be constructed around objectives at level 7 from legal studies, social studies and history.

It also outlines how the programme could be assessed for NCEA qualifications using achievement standards at NCEA Level 2 from the social studies and history domains.

At the time of publication, the NCEA achievement standards were in development, to align them with The New Zealand Curriculum. Please ensure that you are using the correct version of the standards by going to the NZQA website. Aligned Level 1 achievement standards will be registered by NZQA for use in 2011, level 2 in 2012, and level 3 in 2013.

Full information on the draft standards and the alignment process can be found on TKI-NCEA.

Unit 1 | Unit 2 | Unit 3

Unit 1: Native customary title and aboriginal land rights in Australia

This unit could focus on the gradual recognition of native property rights in New Zealand and overseas. This could incorporate the legal framework for the annexation of Australia in international law including its supposed status as 'terra nullius'; the treatment of Aborigines by the incoming settlers; and a case study on the Mabo decision in Australia recognising the existence of native title relating to the islands in the Torres Straights.

There is scope for a comparative study between the recognition of Aboriginal rights in Australian law and the recognition of Māori rights in New Zealand law. A study of the New Zealand context could cover the non-binding status of the Treaty of Waitangi as stated in the case of Wi Parata v Bishop of Wellington, and subsequent incorporation into New Zealand law through legislation such as te Tiriti o Waitangi Act 1975, and the principles of the Treaty being defined in the case of New Zealand Maori Council v Attorney-General.

Legal studies level 7 learning objectives

  • Describe and explain legal systems and processes.
  • Describe and explain legal concepts and principles.

Social studies level 7 achievement objective 7.1

Students will gain knowledge, skills, and experience to:

  • understand how communities and nations meet their responsibilities and exercise their rights in local, national, and global contexts.

Assessment for NCEA qualifications from non-legal studies domains

  • Draft SOC 2.1 Demonstrate understanding of conflict(s) arising from different cultural beliefs and ideas can be addressed.
  • Draft SOC 2.3 Describe how cultural conflicts can be addressed.

Unit 2: International law incorporating the role of the UN in resolving international disputes, neo-conservative foreign policy and the legality of USA’s invasion of Iraq

This unit could focus on the philosophical underpinnings of George W. Bush’s decision to invade Iraq based on the neo-conservative values of the Republican Party; the legal arguments grounded in international law justifying the decision to invade such as the various UN Resolutions made in the aftermath of the first gulf war; the theoretical role of the United Nations and the role it could have played in this dispute incorporating the differing perspectives on whether international law should be supra-national or based on state sovereignty.

With the ongoing presence of United States soldiers in Iraq, this issue remains important and usually generates strong opinions among New Zealand students.

Legal studies level 7 learning objectives

  • Describe and explain legal systems and processes.
  • Describe and explain legal concepts and principles.

History level 7 achievement objective 7.1

Students will gain knowledge, skills, and experience to:

  • understand how historical forces and movements have influenced the causes and consequences of events of significance to New Zealanders.

Assessment for NCEA qualifications from non-legal studies domains

  • Draft HIS 2.5 Examine causes and consequences of a significant historical event.

Unit 3: The rise of Islamic Fundamentalism and the war on terror incorporating case studies of Ahmed Zaoui’s case and the Guantanamo Bay detention centre

The consequences of the tragic events of 11 September 2001 continue to impact on western society. The United States of America has since passed legislation making significant inroads into the right to privacy of its citizens such as the USA PATRIOT Act. Furthermore, the Guantanamo Bay Detention Centre continues to hold detainees suspected of terrorist activities on highly contentious legal grounds.

The impact has been felt in New Zealand with the detention of Ahmed Zaoui, new anti-terror legislation, and 2007 anti-terror raids. The causes of the terrorist activity and the legal implications of the responses provide a relevant and interesting field of study for students.

Legal studies level 7 learning objectives

  • Describe and explain legal systems and processes.
  • Describe and explain legal concepts and principles.

History level 7 achievement objective 7.1

Students will gain knowledge, skills, and experience to:

  • understand how historical forces and movements have influenced the causes and consequences of events of significance to New Zealanders.

Social studies level 7 achievement objective 7.2

Students will gain knowledge, skills, and experience to:

  • understand how conflicts can arise from different cultural beliefs and ideas and can be addressed in different ways with differing outcomes.

Assessment for NCEA qualifications from non-legal studies domains

  • Draft SOC 2.3 Conduct an evaluated social inquiry.
  • Draft HIS 2.2 Examine an historic event or place of significance to New Zealanders.

Last updated August 28, 2012



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