LL4L6      Half Unit
Theory of Constitutional Rights

This information is for the 2019/20 session.

Teacher responsible

Dr Kai Moller NAB7.01

Availability

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.

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

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.

Teaching

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

There will be a reading week in week 6. 

Formative coursework

One 2,000 word essay.

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

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

Key facts

Department: Law

Total students 2018/19: 26

Average class size 2018/19: 25

Controlled access 2018/19: No

Value: Half Unit

Guidelines for interpreting course guide information

Personal development skills

  • Communication
  • Specialist skills