Module description
The aim of this course is to provide students with a greater understanding of the law relating to human rights, with particular reference to the European Convention on Human Rights ("EConvHR") and the Human Rights Act 1998 ("HRA"), which permits UK courts to enforce the EConvHR.
The first part of the course considers what rights are human rights, the categorisation of human rights as "civil and political" or "economic and social", and different approaches to providing legal protection of human rights: international treaties (United Nations and regional), and national constitutional or other bills of rights (in the United States, South Africa, Canada, New Zealand and the UK).
The second part of the course examines in detail the judicial interpretation of specific human rights: what situations come within the scope of the right, and in what situations state 2 interference with the right can be justified. The topics considered vary from year to year but in the past, have included the right to life; freedom from torture; rights in relation to criminal procedure; freedom of expression, assembly and association; freedom of religion; the right to privacy in relation to sexual activity, marriage and abortion; freedom from discrimination; and rights in emergency situations. The focus for each topic is the protection of the right by the text of the EConvHR and the case law of the European Court of Human Rights, but we also read selected decisions of the UK, US and Canadian Supreme Courts.
The third part of the course considers in detail the developing case law regarding the enforcement of EConvHR rights in UK courts under the HRA, the remedies available to UK courts in relation to Acts of Parliament, subordinate legislation, and other acts of public authorities (Convention-compatible interpretation, declarations of incompatibility, quashing, damages), and the application of the HRA to claims against private sector actors (especially with regard to privacy of information).
The final part of the course deals with reform issues relating to the content of the EConvHR rights (should economic and social rights be added?), and the enforcement of EConvHR rights in the UK (should UK courts be given the power to strike down Acts of Parliament that violate EConvHR rights?).
Assessment details
Examination (100%)
Teaching pattern
Seminar (1 x 2 hours per week)