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LL426E      Half Unit
Rights Adjudication and Global Constitutionalism

This information is for the 2021/22 session.

Teacher responsible

Prof Kai Moller NAB7.01

Availability

This course is available on the Executive LLM. This course is not available as an outside option.

Available to Executive LLM students only. This course will be offered on the Executive LLM during the four year degree period. The Department of Law will not offer all Executive LLM courses every year, although some of the more popular courses may be offered in each year, or more than once each year. Please note that whilst it is the Department of Law's intention to offer all Executive LLM courses, its ability to do so will depend on the availability of the staff member in question. For more information please refer to the Department of Law website.

Pre-requisites

Some knowledge of human or constitutional rights law of any jurisdiction may be helpful, but is not essential. A knowledge of philosophy is not required.

Course content

Human and constitutional rights are increasingly and properly discussed in a global, as opposed to domestic or regional, context. This module provides an introduction to theories of human and constitutional rights by focusing on the emerging global discussion about their structure, substance, and justification. Topics to be discussed will include: Robert Alexy’s Theory of Rights as Principles; Ronald Dworkin's Theory of Rights as Trumps; The Debate about Proportionality; Absolute Rights; The Debate about Judicial Review; The Culture of Justification and the Right to Justification.

Teaching

24-26 hours of contact time.

Formative coursework

Students will have the option of producing a formative exam question of 2000 words to be delivered one month from the end of the module’s teaching session by email.

Indicative reading

The course will rely on both cases from various jurisdictions and articles and book chapters from authors including Ronald Dworkin, Robert Alexy, Mattias Kumm, Jeremy Waldron and Frances Kamm.

Assessment

Assessment path 1
Essay (100%, 8000 words).

Assessment path 2
Take-home assessment (100%).

Course selection videos

Some departments have produced short videos to introduce their courses. Please refer to the course selection videos index page for further information.

Important information in response to COVID-19

Please note that during 2021/22 academic year some variation to teaching and learning activities may be required to respond to changes in public health advice and/or to account for the differing needs of students in attendance on campus and those who might be studying online. For example, this may involve changes to the mode of teaching delivery and/or the format or weighting of assessments. Changes will only be made if required and students will be notified about any changes to teaching or assessment plans at the earliest opportunity.

Key facts

Department: Law

Total students 2020/21: Unavailable

Average class size 2020/21: Unavailable

Controlled access 2020/21: No

Value: Half Unit

Personal development skills

  • Communication
  • Specialist skills