Module LAW3417: LAW OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Department: Law

LAW3417: LAW OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Pre-requisites

Corequisites

Excluded Combinations

Aims

• Building on the foundations laid in the Individual and the State, this module will explore in greater detail, the theoretical foundations and legal jurisprudence of the European Convention on Human Rights.

Content

• The ‘constitutionalist’ nature of the European Court of Human Rights;
• Article 2, Right to Life;
• Article 3, Prohibition on torture and inhuman and degrading treatment or punishment;
• Article 5 right to liberty;
• Article 6 and 7, trial in due course of law and no punishment without law;
• Article 8, privacy;
• Article 3, Protocol 1, right to free elections;
• The future of the European Court of Human Rights.

Learning Outcomes

• Students should be able to:
• Demonstrate a sound understanding of the European Court of Human Rights, the European Convention on Human Rights and the political and legal context in which they operate.

• Students should be able to:
• Apply the existing law to factual scenarios and give legally cogent advice;
• Analyse and evaluate the existing law in the light of the legal, social and political questions raised;
• Engage in informed debate concerning shortcomings in the existing law and options for reform of the European Court of Human Rights.

• Acquisition of knowledge through critical analysis of primary and secondary sources;
• Synthesis, critical judgment and evaluation of ideas and arguments;
• Written communication skills.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• The Course will be delivered through 10 lectures and accompanied by 3 tutorials.
• Lectures are used primarily to impart knowledge - and also to suggest approaches to evaluation and critical analysis.
• Tutorials will be used to develop and enhance students capacity for legal-problem solving in a particular factual situation, evaluative critical analysis and their appreciation of laws' linkage with broader fields of enquiry.
• The formative assignment will be used both to develop problem-solving skills, the ability to engage in sustained evaluation of proposed schemes of reforms, and the ability to evaluate the law in a critical and contextual way.
• The examination tests the ability to focus on relevant legal issues and organise knowledge and argument appropriate to questions raised. The examination questions will provide the means for students to demonstrate the acquisition of subject knowledge and the development of their problem-solving skills.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment

1 written essay of about 1,500 words