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Professor Kai Möller

This course is available on the LLM (extended part-time), LLM (full-time), 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.

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.

This course has a limited number of places and demand is typically high. This may mean that you’re not able to get a place on this course.

The course will provide an introduction to the theory of constitutional rights. The emphasis is on a combination of law and theory; to this end, each seminar will rely on a mixture of cases from various jurisdictions and theoretical and philosophical materials. 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 Justifiability of Judicial Review; The Culture of Justification and the Right to Justification.

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

There will be a Reading Week in Week 6. 

One 2,000 word essay.

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.

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