杏吧论坛

Dr Kai Moller

This course is available on the LLM (extended part-time), LLM (full-time), MSc in Conflict Studies, MSc in European and International Public Policy, MSc in European and International Public Policy (杏吧论坛 and Bocconi), MSc in European and International Public Policy (杏吧论坛 and Sciences Po), MSc in Human Rights and University of Pennsylvania Law School LLM Visiting Students. This course is available with permission as an outside option to students on other programmes where regulations permit.

This course is capped at 30 students.

This course will provide an overview of the origin, development and current standing of the European Convention on Human Rights and Fundamental Freedoms. Its primary focus will be on the case-law of the European Court of Human Rights, though the cases of other jurisdictions will also be referred to where appropriate. The course will analyse the Convention from the perspective of selected rights within it, but will also engage with the subject thematically, subjecting such concepts as the 'margin of appreciation' and proportionality to close scrutiny. The goal of the course is to give students a good critical understanding of the Convention, the case-law of the Strasbourg court and the Convention's place within the constitutional and political structure of 'Greater Europe'.

20 hours of seminars in the MT. 2 hours of seminars in the ST.

There will be a Reading Week in week 6 of MT.

There will be a formative assessment, its format to be confirmed at the start of the course.

There is no single text covering the course and required readings will be uploaded to Moodle before the seminar.

The readings will consist of a mixture of cases and theoretical materials. The following are useful textbooks:

• Jacobs, White and Ovey, The European Convention on Human Rights 7th edn (OUP, 2017)  
• Harris, O'Boyle and Warbrick, Law of the European Convention on Human Rights 4th edn (Oxford, 2018).

A strong European perspective is to be found in:

• van Dijk, van Hoof, van Rijn and Zwaak (eds), Theory and Practice of the European Convention on Human Rights 5th edn (Intersentia, 2018)

Very good edited books include:

• Brems and Gerards (eds), Shaping Rights in the ECHR (Cambridge, 2013)
• Follesdal, Peters and Ulfstein (eds), Constituting Europe (Cambridge 2013)

Exam (100%, duration: 2 hours, reading time: 15 minutes) in the summer exam period.