Not available in 2020/21
LL4L6 Half Unit
Theory of Constitutional Rights
This information is for the 2020/21 session.
Dr Kai Moller NAB7.01
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.
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 MT. 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 summer exam period.
Important information in response to COVID-19
Please note that during 2020/21 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 situation of students in attendance on campus and those studying online during the early part of the academic year. For assessment, this may involve changes to mode of 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.
Total students 2019/20: 21
Average class size 2019/20: 20
Controlled access 2019/20: Yes
Value: Half Unit
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