Where modules run over two terms as a 30 credit module, SIL students will attend and be assessed on the contents of term 1. Please note that some modules reflect this with an additional "A" in their module code, but this is not the case for all of them due to special assessment arrangements for SIL students.
All assessments are graded on a pass/fail basis.
COMPARATIVE HUMAN RIGHTS LAW (LAWSG068A)
Credit value: 15 credits (6 ECTS) |
Module Convenor:
Dr Jeff King
|
Other Teachers:
Mr Colm O’Cinneide |
| Intercollegiate teaching: No |
| Teaching Method: 10 x two-hour seminars |
| Who may enrol: LLM students, SIL students, Other UCL Masters students |
| Prerequisites: None |
| Barred module combinations: LAWSG068 and LAWSG068B |
| Core module for specialism: Human Rights Law, Comparative Law, Public Law |
| Assessment |
| Practice Assessment: Practice essay |
| Assessment method for Master students: 2-hour unseen written examination |
| Assessment method for SIL students: 2-hour unseen written examination |
| Module Overview |
Module summary
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. |
Module syllabus
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
|
Recommended materials
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. |
Preliminary reading
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. |
Other information
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. |
