Module Descriptors
HUMAN RIGHTS: FOUNDATION
LAWS61502
Key Facts
School of Justice, Security and Sustainability
Level 6
15 credits
Contact
Leader: Aidan Flynn
Hours of Study
Scheduled Learning and Teaching Activities: 27
Independent Study Hours: 123
Total Learning Hours: 1
Assessment
  • Assignment weighted at 100%
Module Details
ASSESSMENT DETAILS
1 x 3000 word coursework assignment. Assessing learning outcomes 1-6.
INDICATIVE CONTENT
This module is designed to provide students with an understanding of the theoretical basis, institutional context and procedural practicalities essential as a foundation to any further study of substantive human rights. The module is also a self sufficient introduction to the field of human rights.
Three main fields of enquiry:
1. The theoretical contexts in which 'rights talk' makes sense. Natural rights, civil liberties, human rights. Common law and continental approaches. Historical contexts.
2. The institutional contexts of human rights. Separation of powers and limited government. Constitutions and courts.
The procedural practicalities of human rights. The European Convention on Human Rights, and its enforcement mechanism, the European Court of Human Rights. Convention rights in UK law, the Human Rights Act 1998. Margin of appreciation, derogation, incompatibility, discrimination.
LEARNING OUTCOMES
1. DEMONSTRATE KNOWLEDGE AND UNDERSTANDING OF CONCEPTS OF RIGHTS, INCLUDING THEORIES OF NATURAL RIGHTS, CIVIL LIBERTIES AND HUMAN RIGHTS.
KNOWLEDGE & UNDERSTANDING

2. CRITICALLY ANALYSE THE IMPACT OF HUMAN RIGHTS ON UK CONSTITUTIONAL ARRANGEMENTS, WITH PARTICULAR REFERENCE TO THE RELATIONSHIP BETWEEN THE EXECUTIVE, PARLIAMENT AND THE JUDICIARY.
ANALYSIS

3. DEMONSTRATE KNOWLEDGE AND CRITICAL UNDERSTANDING OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE HUMAN RIGHTS ACT 1998, WITH PARTICULAR REFERENCE TO PROCEDURAL MATTERS, EG MARGIN OF APPRECIATION, DEROGATION, INCOMPATIBILITY, DISCRIMINATION.
APPLICATION
PROBLEM SOLVING

4. ANALYSE AND CRITIQUE THE OPERATION OF HUMAN RIGHTS REGIMES FROM A RANGE OF PERSPECTIVES
ANALYSIS

5. ABILITY TO CONDUCT INDEPENDANT RESEARCH, AND WORK INDEPENDENTLY, USING APPROPRIATE LEARNING STRATEGIES.
ENQUIRY

6. ABILITY TO COMMUNICATE EFFECTIVELY IN WRITING, IN CONFORMITY WITH ACCEPTED ACADEMIC PRACTICES AND STANDARDS.
COMMUNICATION
LEARNING STRATEGIES
Whole Group Sessions
A framework of 2 hour weekly sessions, used flexibly as lectures to provide students with an overview of the subject topics, and to promote discussion which can be further developed through tutorials, IT supported learning materials and independent reading [11 weeks x 2hours = 22 hours]

Small Group Sessions
Working both independently and collaboratively, students will prepare selected topics for discussion as notified in materials accompanying whole group sessions. These sessions will encourage participation in a variety of ways, for example, as part of the general group, as an individual presenting a paper and as part of teams of varying sizes. The sessions will develop problem-answering skills and encourage critical evaluation. [5 weeks x 1 hour = 5 hours]

Directed Study and independent learning
This will consist of study to consolidate and develop understanding of aspects of doctrine and theory introduced in whole group sessions, research and preparation for participation in discussion in small group sessions, independent learning of one specified topic, research and preparation for the examination.

Skills - as indicated above, knowledge, intellectual skills, communication skills and problem solving skills are promoted and developed by the combination of activities involved in pursuit of the learning strategies. Additionally, development of skills of enquiry is encouraged by the inclusion of research topics in the preparation required for small group sessions, and in the research required to be undertaken in the independent learning topic.

[123 hours]

TOTAL LEARNING TIME 150 hours
RESOURCES
Well stocked Law library
Internet resources
Appropriate texts, legislation and case law
TEXTS

Douzinas, Cstas The End of Human Rights (Hart Publishing,
Fenwick, Helen Civil Liberties and Human Rights (Cavendish Publishing, 3rd ed.)