Module LAWM063 for 2019/0
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Postgraduate Module Descriptor
LAWM063: Human Dignity and Human Rights in the EU
This module descriptor refers to the 2019/0 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.
On successfully completing the programme you will be able to: | |
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Module-Specific Skills | 1. 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 Skills | 3. 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 Skills | 5. 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 |
Module Content
Syllabus Plan
The syllabus below indicates the key themes and issues discussed in this module. It will vary slightly every year to reflect the latest developments in positive law and scholarly discussion on dignity and human rights in the EU.
- Human rights in the EU: Antagonism or synergy?
- Locating human dignity and human rights
- Human dignity as a foundation of human rights in the EU
- Protecting human rights and human dignity
- Interpreting human rights and human dignity
- Taking a critical view of dignity as a foundation
- Human rights and dignity without Europe
- The EU without human rights and dignity
Learning and Teaching
This table provides an overview of how your hours of study for this module are allocated:
Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
---|---|---|
33 | 117 | 0 |
...and this table provides a more detailed breakdown of the hours allocated to various study activities:
Category | Hours of study time | Description |
---|---|---|
Scheduled Learning and Teaching Activities | 33 | Two weekly 1h 30 min interactive workshops,. The first workshops will be led by the lecturer and students are expected to become gradually more involved in defining the workshops focus and in leading them. |
Guided independent study | 50 | 5 hours per week over 10 weeks for workshop preparation |
Guided independent study | 67 | 67 hours for reflection, research, and writing the formative essay outline and summative essay |
Online Resources
This module has online resources available via ELE (the Exeter Learning Environment).
ECJ case law: http://curia.europa.eu
ECHR case law: http://www.echr.coe.int/
Venice Commission: http://www.venice.coe.int/
Other Learning Resources
Cambridge Law Journal
Oxford Journal of Legal Studies
Columbia Journal of European Law
International Journal of Constitutional Law
European Constitutional Law Review
Public Law
German Law Journal
How this Module is Assessed
In the tables below, you will see reference to 'ILO's. An ILO is an Intended Learning Outcome - see Aims and Learning Outcomes for details of the ILOs for this module.
Formative Assessment
A formative assessment is designed to give you feedback on your understanding of the module content but it will not count towards your mark for the module.
Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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A detailed essay outline and a fully written up introduction, to be submitted on a voluntary and rolling basis for each workshop. | 300 words | 1-7 | Feedback will be given for one outline per student, with individual feedback on the formative work and general comments to the group where they are relevant to the whole group. |
Summative Assessment
A summative assessment counts towards your mark for the module. The table below tells you what percentage of your mark will come from which type of assessment.
Coursework | Written exams | Practical exams |
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100 | 0 | 0 |
...and this table provides further details on the summative assessments for this module.
Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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A set essay on a topic determined by the student in consultation with the module coordinator. | 100 | 3,750 words | 1-7 | Written comments on feedback sheet with opportunity for an individual meeting with lecturer for further oral feedback. |
Re-assessment
Re-assessment takes place when the summative assessment has not been completed by the original deadline, and the student has been allowed to refer or defer it to a later date (this only happens following certain criteria and is always subject to exam board approval). For obvious reasons, re-assessments cannot be the same as the original assessment and so these alternatives are set. In cases where the form of assessment is the same, the content will nevertheless be different.
Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
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Essay | Set essay. Same topic and length as original | 1-7 | August/September reassessment period. |
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)
ELE – http://vle.exeter.ac.uk