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Human Rights Law

Module description

This module will primarily focus on the principal legal protection of human rights in England and Wales. To that end, it will cover two principal areas in some depth. First, it will focus on the domestic protection of human rights through the common law and the Human Rights Act (HRA) – the Act which gave further effect to the European Convention on Human Rights (ECHR) within the various legal systems of the UK. Since 2000 Convention rights have become deeply embedded in domestic law in a wide range of challenging contexts, which we will examine in depth. Secondly, the module will involve the study of the relevant jurisprudence of the European Court of Human Rights. This will necessitate an understanding of the Convention system for the protection of human rights, and how the European Court’s jurisprudence has been received in domestic law. Studying this module will equip you with both essential human rights law knowledge and the key skills to understand human rights law current developments, and to apply that knowledge to a range of situations. On the successful completion of the module, you should understand the principles of human rights law and how they have been developed both domestically and by the European Court. Often the module will involve the study of controversial moral and political questions, and how human rights protections have affected them. For example, can we torture criminal suspects? Can we detain without trial people whom we consider to be terrorists? Do celebrities enjoy a right to privacy? Can the state monitor your internet browsing? And is there a right to pornography? Throughout, reference will be made to the legal influence and inheritance of Britain’s colonial experience particularly the influences of decolonisation on English law (e.g., internment, death squads and interrogation in depth). You will also learn from comparisons with other jurisdictions, including Scotland, Northern Ireland, Ireland, Canada, Germany, the European Union, South Africa, India, and the USA.

Module aims - intentions of the module

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. demonstrate detailed understanding of the nature and practice of human rights laws (Human Rights Act and ECHR) and mechanisms of protection/enforcement;
• 2. demonstrate a detailed and critical understanding of certain aspects of the law relating to human rights;
• 3. demonstrate the ability to identify, explain, critically evaluate, and compare key issues in human rights law.

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 4. apply legal knowledge and understanding to a task and to suggest a conclusion supported by relevant argument and authority;
• 5. select, integrate and present relevant law and legal argument coherently and reflectively;

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 6. demonstrate the ability to present, coherently and reflectively, relevant legal and theoretical arguments;
• 7. demonstrate the ability to work independently and to manage time efficiently in preparing for scheduled learning activities and assessments;
• 8. identify, retrieve and use efficiently a range of legal resources with minimum guidance;
• 9. work independently and manage time efficiently in preparing for scheduled activities, including seminars, and formative and summative assessments.

Syllabus plan

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

Basic reading:

Howard Davis, Human Rights Law Directions (OUP, 5^th edition 2020).

Angelika Nussberger, The European Court of Human Rights (OUP, 2020).

Bernadette Rainey, Pamela McCormick, and Clare Ovey, Jacobs, White, and Ovey: The European Convention on Human Rights (OUP, 8^th edition 2020).

Indicative learning resources - Web based and electronic resources

Web-based and electronic resources:

ELE – http://vle.exeter.ac.uk/

Extensive use will be made of the European Court’s excellent website: https://hudoc.echr.coe.int/eng

You will also need to use Lexis/Nexis and Westlaw to access case law, as well as the extensive e-resources available in the Lasok Law Library.

Key words search

Human rights law, Human Rights Act, HRA, ECHR, European Convention on Human Rights