Postgraduate Module Descriptor

LAWM063: Human Dignity and Human Rights in the EU (MRes in Socio-Legal Research programme)

This module descriptor refers to the 2017/8 academic year.

Module Aims

The module aims to enable you to discuss some of the latest scholarly developments in relation to dignity and human rights in the EU. By elucidating and exploring the connections between dignity and human rights in Member States’ constitutions, and in ECHR case law, the module aims to allow you to develop a unique specialised knowledge of how human rights have been developed and protected in the EU (art.6 Lisbon Treaty). The study of the rise of dignity and its construction as a normative concept at the foundation of the EU (art.2 Lisbon treaty) brings you to the heart of European integration through law. Its comparative and critical perspectives encourage you to develop an integrated understanding of how the EU protects human rights and dignity, and to sharpen your critical thinking.

The module aims to provide a cutting edge, research-enriched learning opportunity by during on the module director’s internationally-recognised research in this field. Catherine Dupré has been researching the meanings and legal developments of the concept of dignity in Europe for over a decade and this module also aims to bring you her latest reflections based on her ongoing research.

Intended Learning Outcomes (ILOs)

This module's assessment will evaluate your achievement of the ILOs listed here - you will see reference to these ILO numbers in the details of the assessment for this module.
On successfully completing the programme you will be able to:
Module-Specific Skills1. Demonstrate detailed knowledge of, and an ability to evaluate critically, a wide range of theoretical issues raised by human dignity and human rights in the context of the EU;
2. Demonstrate a deep and systematic knowledge of, and an ability to evaluate critically, a wide range of issues raised by the application of human dignity and human rights in case law;
Discipline-Specific Skills3. Use a wide range of sources and materials, including case law from different courts, theoretical and substantive academic commentaries, statutes, constitutions and treaties, in a critical and constructive way;
4. Demonstrate flexible and innovative ability, orally and in writing, to analyse complex legal problems, identify the relative significance of applicable rules and principles, and select appropriate methods for critically evaluating them;
Personal and Key Skills5. Demonstrate independent thinking and ability to construct critical argument effectively, confidently and autonomously;
6. Work independently and manage time efficiently in preparing for course activities and assessment; and
7. Demonstrate confident ability to interact effectively and proactively with a team/learning group, to share information and ideas and to manage disagreement in a professional and constructive manner

Indicative Reading List

This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.

P Alston (ed), The EU and Human Rights (OUP, 1999)

P Alston and O de Schutter (eds) Monitoring Human Rights in the EU (Hart, 2005)

C Dupré, Importing the Law in Post-Communist Transitions, The Hungarian Constitutional Court and the Right to Human Dignity (Hart, 2003)

C Dupré, ‘Human Dignity in Europe: A Foundational Constitutional Principle’ (2013) European Public Law 319

C Dupré, ‘Article 1 EU Charter’ in T Hervey, S Peers, J Kenner and A Ward (eds) A Commentary on the European Union Charter of Fundamental Rights (Hart Publishing, 2014, forthcoming)

C Dupré, ‘Dignity, Democracy, Civilisation’ (2013) Liverpool Law Review 263

EJ Eberle, Dignity and Liberty (Praeger, 1995)

E O Eriksen et al (eds.) Developing a Constitution for Europe (Routledge, 2004)

D Feldman, ‘Human Dignity as a Legal Value’ Part I Public Law (1999), p.682 and Part II, Public Law , (2000), 61

G P Fletcher, ‘Human Dignity as a Constitutional Value’ (1984) University of Western Ontario Law Review , 171-182;

J Jones, ‘”Common constitutional traditions”: can the meaning of human dignity under German law guide the ECJ?’ [2004]Public Law , 167

G Kateb, Human Dignity (Harvard University Press, 2011)

C McCrudden, ‘Human dignity and Judicial Interpretation of Human Rights’ [2008] European Journal of International Law , 655

A von Bogdandy and J Bast (eds), Principles of European Constitutional Law (Hart, 2010)

Venice Commission (ed), The principle of protection of human dignity (Council of Europe Publishing, 1999)

 

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