Delivered at:: School of Public Law

Course type:: Elective course

When:: 2 year, 3 module

Abstract

“Political rights in comparative perspective” is an advanced master’s course which explores the nature and extent of two groups or basic rights – personal and political – in various constitutional jurisdictions. It looks into the approaches developed by the constitutional courts of both young and mature democracies in regards to the protection of basic personal and political rights. It develops students’ analytical thinking by engaging them in a comparative study of cases of high controversy related to such rights as human dignity, equality, right to respect for private and family life, freedom of conscience, freedom of speech and assembly and freedom of association. The course enables students to compare and reflect upon the courts’ reasoning and generate compelling arguments for the benefit of each side of the dispute. The course is designed particularly for students interested in performing comparative research and/or fancying a career in constitutional and human rights litigation. The course is conducted in English.

Learning Objectives

The course aims at enabling the students to analyze and evaluate legal texts (court decisions, legislative acts, international treaties) related to personal and political rights. Specific goals of the course are: • to put personal and political rights into a broad legal, political, historical and comparative context and identify their role in a contemporary democratic society; • to examine major doctrines and techniques related to striking a balance between personal and political rights and other legitimate interests; • to compare and reflect upon alternative approaches of constitutional courts and the European Court of Human Rights to defining the scope of a number of personal and political rights; • to enable the students to substantiate arguments favouring and opposing specific restrictions of personal and political rights.

Expected Learning Outcomes

Students who have successfully completed the essential learning activities are expected to be able to identify and explain the concepts of proportionality, content-based / content-neutral restrictions, horizontal (third-party) effect of constitutional rights, political pluralism, militant democracy, positive and negative discrimination;
Students who have successfully completed the essential learning activities are expected to be able to apply theoretical concepts and methodological framework to particular cases on restrictions of personal and political rights;
Students who have successfully completed the essential learning activities are expected to be able to justify and criticize a legal position on a controversial issue involving the exercise of a right to vote, freedom of political communication, freedom of assembly, freedom of political association and a right to equal participation;

Course Contents

Restrictions of fundamental rights: comparative challenges
Dignity and equality
Right to respect for personal and family life
Freedom of religion and belief
Freedom of political association
Freedom of political communication
Right to protest

Assessment Elements

home assignment in the form of a case note
participation in class debates
final group project

Interim Assessment

Interim assessment (3 module)
0.25 * home assignment in the form of a case note + 0.5 * final group project + 0.25 * participation in class debates

Bibliography

Recommended Core Bibliography

Erman, E. (2016). Human Rights and Democracy : Discourse Theory and Global Rights Institutions. London: Routledge. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1432189
Harris, D., & Cornell, K. A. (2018). The Right to Vote. Minneapolis, Minnesota: Essential Library. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1612987
Möller, K. (2007). Balancing and the structure of constitutional rights. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.4B694A0B

Recommended Additional Bibliography

The Palgrave Handbook of Women’s Political Rights / edited by Susan Franceschet, Mona Lena Krook, Netina Tan. (2019). Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edswao&AN=edswao.512552428
Urbina Molfino, F. J. (2017). A Critique of Proportionality and Balancing. Cambridge [UK]: Cambridge University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1450856
Мамедова В.Э. (2018). Концепция Допустимости И Пределов Ограничения Прав И Свобод Человека И Гражданина Как Основа Двухуровневой Системы Регулирования Ответственности Членов Политических Партий ; Concept of Admissibility and Limits of Restrictions of Human and Citizen’s Rights and Freedoms as the Basis of a Two-Level System for Regulating of Responsibility of Members of Political Parties. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.E8021EAB

Master’s Programme 'Public Law'

Contacts

Political rights in comparative perspective

Course Syllabus