Human rights and constitutional adjudication

  • A.A. 2016/2017
  • CFU 8
  • Ore 60
  • Classe di laurea LM-52
Benedetta Barbisan / Professore di ruolo - II fascia / Diritto pubblico comparato (IUS/21)
Dipartimento di Scienze Politiche, della Comunicazione e delle Relazioni Internazionali
Prerequisiti

Given the different educational backgrounds students normally come from, not
always including some legal training, no particular prerequisite is required.

Obiettivi del corso

This course aims at getting students more acquainted with the current most
significant issues related to constitutional law in comparative
perspective relying both on legal literature and case-law from many courts around
the world. In particular, it will be focused on the acknowledgement and protection of
fundamental rights, the doctrines behind the idea of human rights and the possible
juxtaposition between civil and social rights, the principles of dignity and privacy, and
the arguments to which courts refer to underpin their rulings in these matters.

The ultimate goal of the course is to let students familiarize with different approaches
and methods judges apply in various constitutional settings to tackle highly
controversial and dilemmatic issues, to discuss why they find them legally persuasive
or not, and to develop their own critical understanding of the concepts and methods
used by courts.

Programma del corso

This course aims at getting students more acquainted with the current most
significant issues related to constitutional law in comparative
perspective relying both on legal literature and case-law from many courts around
the world (European Court of Human Rights - ECtHR, U.S. and Canadian Supreme
Court, UK Supreme Court, German Bundesverfassungsgericht, Supreme Court of
India, South African Constitutional Court, Supreme Court of Israel, Constitutional
Court of Colombia, just to mention some).

In particular, it will be focused on the acknowledgement and protection of
fundamental rights, the doctrines behind the idea of human rights and the possible
juxtaposition between civil and social rights, the principles of dignity and privacy and
how they inform some problematic rights claims (abortion, «right to die», death
penalty) and the arguments to which courts refer to underpin their rulings in these
matters.


Testi (A)dottati, (C)onsigliati
  • 1.  (A) . . ., ., » Pagine/Capitoli: .
Altre informazioni / materiali aggiuntivi

Materials will be made available during classes by uploading them on the teacher's website. Students are required to read in advance the materials suggested for any given class.

Metodi didattici
  • Every week, students are required to read the materials uploaded in advance on the
    teacher's webpage before getting in class.

    Classes will involve students in discussions about the topics dealt with in the course.
    Didactics in this course is very direct, informal, and interactive. Particular attention is
    devoted to the current phenomena and events of constitutional relevance in the
    world.

    In order to allow students to develop their familiarity especially with the role of
    courts, their function and role, the teacher will select one of the still pending
    petitions in front of the European Court of Human Rights (ECtHR) in order to
    simulate in class what would happen in front of the real ECtHR.

    All the activities organised in class aim at exploring the intricacies and technicalities
    of the protection of human rights through constitutional adjudication and at helping
    the students develop their own critical and argumentative skills in legal terms.
Modalità di valutazione
  • This course applies a method of continuous evaluation: in fact, students are assessed
    while developing their critical understanding of comparative constitutional law issues
    and proposing their arguments on cases.

    The final exam will consist of two parts: a paper to be delivered to the teacher a few
    days in advance of the exam session for which the student is signed up in response
    to a given topic (the entire calendar of deadlines will be available on the teacher's
    webpage). This paper is aimed at giving students some time to put together their
    thoughts in a creative and analytical way, instead of concentrating on a written test
    on the exam day.

    The second part of the exam will be an oral discussion of the paper each student
    delivered: it may involve not any single student individually taken but a group,
    discussing the most provocative arguments proposed and testing them all together.
Lingue, oltre all'italiano, che possono essere utilizzate per l'attività didattica

English

Lingue, oltre all'italiano, che si intende utilizzare per la valutazione

English

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