LW244-6-AU-CO:
The Protection of Human Rights in the UK

The details
2019/20
Law (School of)
Colchester Campus
Autumn
Undergraduate: Level 6
Current
Thursday 03 October 2019
Saturday 14 December 2019
15
05 August 2019

 

Requisites for this module
LW103 or LW110
(none)
(none)
(none)

 

(none)

Key module for

(none)

Module description

This 15 credit module, taught in the autumn term, aims to build upon the foundations of human rights law which are introduced in LW103 Foundations of Public Law law and give students a deeper understanding of the framework within which human rights are protected in the United Kingdom.



The module commences with consideration of the rights protected by the law of the UK. This is followed by a detailed examination of the Human Rights Act 1998, focussing in particular on sections 2, 3, 4 and 6; and of the protection of human rights at common law. We then look at the role of the European Court of Human Rights and the interaction between national and supranational institutions in this area, before taking a comparative perspective. Finally, the module will consider the future of human rights protection and the potential for reform in this area.

Module aims

The objectives of the module are:


To provide students with the necessary knowledge so that the Learning Outcomes listed below are achieved

To provide students with a knowledge of the framework for the protection of human rights in the UK that they can apply to substantive legal problems.

To encourage students to engage with the framework for protection of human rights in the UK within its political and international context.

Module learning outcomes

Upon successful completion of the module students will be able to:


Show understanding of and critically evaluate the framework for protection of human rights in the United Kingdom

Identify the distribution of powers and functions between the three branches of government in the protection of human rights and critically evaluate that distribution

Identify the distribution of powers and functions between the United Kingdom and the Council of Europe in the protection of human rights and critically evaluate that distribution

Consider the need for structural reform to human rights protection

Module information

Introduction to the protection of human rights in the United Kingdom

- Section 2 HRA: the role

= Sections 3 and 4: statutory interpretation and declarations of incompatibility

- Section 6: proportionality and discretion

The horizontal application of human rights

Legislative scrutiny: Human Rights and Parliament

The work of the Joint Committee on Human Rights

The European Court of Human Rights

- Responding to human rights judgments

- Reform

Learning and teaching methods

Weekly two-hour lectures

Bibliography

  • Fenwick, Helen; Baker, Aaron. (©2017) Fenwick on civil liberties and human rights, Abingdon, Oxon: Routledge.

The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.

Assessment items, weightings and deadlines

Coursework / exam Description Deadline Weighting
Coursework Formative Essay 29/11/2019 0%
Coursework Summative Essay 17/01/2020
Practical Preparation Mark 10%
Practical Participation Evaluation and Reflection 06/12/2019 5%

Overall assessment

Coursework Exam
100% 0%

Reassessment

Coursework Exam
100% 0%
Module supervisor and teaching staff
Dr Anna Hardiman-McCartney
Law General Office, Telephone: 01206 872529 Email: lawugadmin@essex.ac.uk

 

Availability
Yes
No
Yes

External examiner

Prof Julia Shaw
De Montfort University
Professor of Law
Resources
Available via Moodle
Of 30 hours, 30 (100%) hours available to students:
0 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).

 

Further information
Law (School of)

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