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Home Benedetta Barbisan Didattica 2020/2021 Courts and human rights

Courts and human rights

  • A.A. 2020/2021
  • CFU 8
  • Ore 60
  • Classe di laurea LM-52
Benedetta Barbisan / Professoressa di ruolo - II fascia (GIUR-11/B)
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 human 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 justices 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 (i.e. abortion, «right to die», right to
food...) 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.

    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, attendees 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.

    The materials uploaded and used in class constitute the program also for non
    attendees. They will take the exam through a written text, with open questions, on
    the day of the exam, followed by an oral interview.
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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  Materiali didattici
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I materiali didattici sono reperibili nella stanza Teams al link di seguito
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  • The Pilot Judgment Procedure

    The article, whose link doesn’t seem to work, is: Stuart Wallace, Much Ado about Nothing: the Pilot Judgment Procedure at the European Court of Human Rights. I suggest to google it, because it’s a PDF document.

  • Privacy and Dignity

    The Right to Privacy by Jed Rubenfeld https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=2568&context=fss_papers Human Dignity and Judicial Interpretation of Human Rights by Chris McCrudden http://ejil.org/pdfs/19/4/1658.pdf

  • Abortion Cases in Germany

    First Abortion case (1975): http://groups.csail.mit.edu/mac/users/rauch/germandecision/german_abortion_decision2.html Second Abortion case (1993): https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/1993/05/fs19930528_2bvf000290en.html

  • The ECtHR and the Crucifix: Materials for 9 November 2020

    Lautsi v. Italy (Grand Chamber) https://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&id=001-104040&filename=001-104040.pdf S.A.S. V. France https://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&id=001-145466&filename=001-145466.pdf&TID=uexpxlonsk

  • The European Court of Human Rights - Homosexuality Judgments

    Dear all, I do apologise for the delay of my uploading the cases for this coming week: unfortunately, my attempt failed and I thank those of you that gave me feedbacks on the unavailability of materials. I’m trying now to attach the links for the judgments instead of uploading them. The three cases for next week (Tuesday’s and Wednesday’s classes - Monday will be an introductory class on the ECtHR) are: Dodgeon v. United Kingdom https://hudoc.echr.coe.int/eng#{"itemid":["001-57472"]} Norris v. Ireland https://hudoc.echr.coe.int/fre#%7B%22itemid%22:%5B%22001-57547%22%5D%7D Modynos v. Cyprus https://hudoc.echr.coe.int/eng#{"itemid":["001-57834"]}

  •  To Learn More About Marbury v. Madison and the U.S. Judicial Review

    I suggest to read three articles to find on paper the arguments and information presented in class: 1) D.F. Forte, Marbury’s Travail: Federalist Politics and William Marbury’s Appointment as Justice of Peace, in 45 Catholic Law Review 340 (1995) (on the historical and political background) 2) D.M. Douglas, The Rhetorical Use of Marbury v. Madison: The Emergence of a Great Case, in 38 Wake Forest Law Review 375 (2003) (to understand the ‘invention’ of Marbury v. Madison as the origin of judicial review) 3) Barry Friedman, The History of the Countermajoritarian Difficulty: Part One. The Road to Judicial Supremacy, in 73 New York University Law Review 333 (1998). We can collect these articles from the electronic archive ‘HeinOnline’ accessible from the legal digital resources of CASB listed here: https://eds.b.ebscohost.com/eds/search/basic?vid=0&sid=d76c0dd7-dc39-44d7-9490-22ddb802b53f%40pdc-v-sessmgr04