Undergraduate Module Descriptor

LAW3137: Lethal Force, the ECHR and Democracy

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

Module Aims

The aim of the module is to introduce you to the deeper dimensions of human rights law in relation to the specific areas of State killing and deaths in custody under Article 2, ECHR. The module aims to give you the necessary legal, theoretical and contextual background in order to analyse effectively the rationales, application and limits of human rights law in this area, as well as their significance for European democracy. This is relevant for both academic purposes and your ability to engage critically with law in context, which is significant for legal practice and other employment-related applications.

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 the ECHR and related case law on the topics covered on the module, together with a substantial range of major concepts, values and principles relevant to their application;
2. Demonstrate detailed knowledge of a wide range of social, political and contextual implications of the issues studied;
3. Demonstrate critical awareness of key elements of related procedural matters;
Discipline-Specific Skills4. Integrate and assess relevant information from primary and secondary legal sources using appropriate interpretative techniques;
5. Demonstrate detailed knowledge and understanding of the methods and rationales for studying human rights law in context, as well as their limits;
Personal and Key Skills6. Manage relevant resources and information effectively, and to develop your own arguments and opinions with minimum guidance;
7. Communicate and engage in debate effectively and accurately, orally and in writing, in a manner appropriate to the discipline; and
8. Work independently and to manage time well in preparing for scheduled learning activities, and to complete specific tasks, exercises and assessments within a limited time frame.

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 ActivitiesGuided independent studyPlacement / study abroad
26.5123.50

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

CategoryHours of study timeDescription
Scheduled Learning & Teaching activities 22 11 x 2 hour lectures with discussion activities
Scheduled Learning & Teaching activities 4.5 3 x 1.5 hour seminars: Individual and group work
Guided independent study57 Individual reading and lecture preparation
Guided independent study20Workshop Preparation
Guided independent study40Assessment Preparation
Guided independent study 6.5Formative assessment

Online Resources

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

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