LL426E Half Unit
Theories of Human and Constitutional Rights
This information is for the 2019/20 session.
Dr Kai Moller NAB7.01
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.
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.
The course will provide an introduction to theories of human and constitutional rights. The emphasis is on a combination of law and theory; to this end, each session 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 Debate about Judicial Review; The Culture of Justification and the Right to Justification.
24-26 hours of contact time.
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.
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 path 1
Essay (100%, 8000 words).
Assessment path 2
Take home exam (100%).
Total students 2018/19: Unavailable
Average class size 2018/19: Unavailable
Controlled access 2018/19: No
Value: Half Unit
Personal development skills
- Specialist skills