The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.
COMPARATIVE HUMAN RIGHTS LAW (LAWSG068) Credit value: 30 credits (12 ECTS)
Assessment method for Master students: 3,000 word coursework essay (50%) and 2-hour unseen written examination (50%)
This module will give the students a comparative overview of the legal protection of human rights in some of the leading jurisdictions in the world, and the influence on these jurisdictions of international human rights instruments. Students will be introduced to the main issues relating to the protecting of human rights, including the role of the courts, the constitutional status of human rights provisions, and the ways in which first, second and right generation rights are protected. The module will enable students to apply the comparative method to the study of human rights law in a range of different jurisdictions, and to draw out general principles and lessons of general application from the material. This is not an international human rights module, although reference will be made to the ECHR and UN mechanisms as appropriate
1. Introduction and Overview
2. Theories of Rights – Liberal Theories
3. Ideology of Rights? – The Left and Communitarian Critique
4. Introduction to the US Bill of Rights and Constitutional Interpretation
5. Rights Review in Europe: From Political to Legal Constitutionalism
6. Westminster, Weak Form, and Dialogic Review
7. Torture – theory & practice
8. Socio-economic Rights 1
9. Socio-economic Rights 2
10. Freedom of Expression: Political Speech and Elections
1. Freedom of Expression - Hate Speech and Religious Offence
2. Equality - Non-discrimination
3. Equality - Positive Action
4. Minority Rights
5. Freedom of Religion/Belief
6. Reproductive Rights
9. Stares of Emergency
10. New Directions - Transformative Constitutionalism and the 'Global South'.
There is a lack of good comparative textbooks. Key reading materials will be provided via Moodle (virtual learning environment), with additional material to be found in the UCL Law and Human Rights Libraries (both in the Main UCL Library) and the Institute of Advanced legal Studies in Russell Square, or via electronic databases, such as Lexis or Westlaw. Students should regularly browse journals, such as the International Journal of Constitutional Law and the European Human Rights Law Review.
C. Harvey, ‘Talking About Human Rights’ (2004) EHRLR 500; Chris McCrudden, “A Common Law of Human Rights?” (2000) Oxford Journal of Legal Studies 499; The essays in (2003) 1(2) International Journal of Constitutional Law.
There will be no class during the week beginning the 15th October 2012. A make-up class will be rescheduled to take place either the week before the 15th October, or the week after. The Module Convenors will discuss this with students during the second week of teaching.
Prizes for this module: There are currently no prizes available for this module.
The application process for the 2014-15 academic session, for entry in September 2014, is now open.
Please refer to the How to apply section for information on the application process.