LAWPUBL 467 : Anti-corruption Law and Democracy

Law

2020 Summer School (1200) (15 POINTS)

Course Prescription

The global significance of corruption and its implications for self-government are explored within the context of rising economic and political inequality and illiberal populism. This course asks whether anti-corruption law can respond to democracy’s vulnerabilities and decline. It examines current economic and political trends, anti-corruption law domestically and internationally, and the potential for enhancing the law to better-protect political integrity.

Course Overview

This course is for students who have already gained a foundational understanding of law & society, public law, and criminal law. Building on those foundations, this course explores the meanings of democracy and corruption in domestic and international law, and the possibility for legal reforms to produce and protect good government. The first part of the course sets the foundation for our time together by examining general definitions of democracy, definitions of corruption, and worrisome trends connected to both—including high levels of wealth concentration, rising illiberal populism, and the failure of governments to mitigate climate change. The second part of the course discusses the prevention and criminalization of corrupt acts and the enforcement of those legal provisions. This part begins with domestic law, moves on to a sample of regional treaties, and ends with a detailed examination of the United Nations Convention Against Corruption. The third and final part of the course discusses “pressure points” (or potential growth areas) in anti-corruption law that have major implications for democratic integrity. Those areas include conflicts of interest, lobbying, campaign and party finance, and corporate corruption. 

Course Requirements

Prerequisite: LAW 201, 211 Restriction: LAWHONS 735

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and evaluate different theories of democracy and corruption (Capability 1.1, 2.2 and 4.1)
  2. Articulate and apply key legal principles and concepts that relate to democracy and anti-corruption law, including in New Zealand law and international law (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1 and 5.1)
  3. Develop a sophisticated awareness of the effects and challenges that corruption poses for contemporary concerns over poverty and development, environmental protection, human rights, and the integrity of economic and political systems; and examine the potential for legal reforms and social movements to address these challenges. (Capability 1.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 6.2 and 6.3)
  4. Demonstrate effective written communication skills (Capability 2.3 and 4.1)

Assessments

Assessment Type Percentage Classification
Reflection 10% Individual Coursework
Quizzes 20% Individual Coursework
Final Exam 70% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4
Reflection
Quizzes
Final Exam

Learning Resources

A course book will be made available, custom-designed for this class. For students wishing to obtain more general information, this free book is recommended: Gerry Ferguson, Global Corruption: Law, Theory, and Practice (3rd ed., 2018), available at https://dspace.library.uvic.ca/handle/1828/9253

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 08/10/2019 09:29 a.m.