Undergraduate Module Descriptor

LAW2137: Lethal Force, the ECHR and Democracy

This module descriptor refers to the 2018/9 academic year.

Module Content

Syllabus Plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will include the following topics in the order indicated:

1. Introduction to the topic of State killing, deaths in custody and democracy through high-profile case studies and the issues they raise.

2. Introduction to key concepts of democracy and the rule of law.

3. Introduction to key issues and concepts in policing, public order, the use of force, custody, the care of the State, and disappearances.

4. Introduction to the ECHR and Article 2 on the Right to Life: origins, drafting, development.

5. In-depth analysis of the ECHR’s substantive and procedural analysis of Article 2 in the above areas: the three exceptions to Article 2 (2.2(a), 2.2(b) and 2.2(c)); planning and control issues; the State’s duty to investigate and public accountability.

6. Critical contextual, social and political perspectives on these areas of State power and human rights law, including media and NGO perspectives.

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
26.5	123.5	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 & Teaching Activities	22	11 x 2 hour lectures with discussion activities
Scheduled Learning & Teaching Activities	4.5	3 x 1.5 hour workshops: Individual and group work
Guided independent study	57	Individual reading and lecture preparation
Guided independent study	20	Workshop Preparation
Guided independent study	40	Assessment Preparation
Guided independent study	6.5	Formative Assessment

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).

ECHR case law: http://www.echr.coe.int/

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.

D.J. Harris, M. O'Boyle, E.P. Bates and C.M. Buckley, Harris, O'Boyle & Warbrick: Law of the European Convention on HumanRights, 3rd edn (Oxford University Press, 2014)

S. Bronnitt, M. Gani and S. Hufnagel, Shooting to Kill: Socio-Legal Perspectives on the Use of Lethal Force (Hart, 2012)

P. Squires and P. Kennison, Shooting to Kill? Policing, Firearms and Armed Response , (Wiley-Blackwell, 2010)

E. Wicks, The Right to Life and Conflicting Interests, (OUP, 2010)

F. Leverick, Killing in Self-Defence , 2006 (OUP)

S. Uniacke, Permissible Killing , 1996 (CUP)

P. A. J. Waddington, The Strong Arm of the Law (OUP, 1991) and Policing Citizens (UCL, 1999)

S. Skinner, ‘Deference, Proportionality and the Margin of Appreciation in Lethal Force Case Law under Article 2 ECHR’ (2014) 1 European Human Rights Law Review 32-38

S. Skinner, “The Right to Life, Democracy and State Responsibility in ‘Urban Guerilla’ Conflict: The Grand Chamber Judgment in Giuliani and Gaggio v Italy ”, (2011) 11.3 Human Rights Law Review 567-577

J. Chevalier-Watts, ‘Effective Investigations Under Article 2 of the European Convention on Human Rights: Securing the Right to Life or an Onerous Burden on a State?’ (2010) 21(3) European Journal of International Law 701-721

J. Chevalier-Watts, ‘A Rock and a Hard Place: Has the European Court of Human Rights Permitted Discrepancies to Evolve in Their Scrutiny of Right to Life Cases?’ (2010) 14.2 International Journal of Human Rights 300-318

F. De Sanctis, ‘What Duties Do States Have with Regard to the Rules of Engagement and the Training of Security Forces under Article 2 of the European Convention on Human Rights?’ (2006) 10(1) The International Journal of Human Rights 31-44

ELE – http://vle.exeter.ac.uk/