Dignity, Democracy and the Law
| Module title | Dignity, Democracy and the Law |
|---|---|
| Module code | LAWM146 |
| Academic year | 2022/3 |
| Credits | 30 |
| Module staff | Dr Catherine Dupre (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 12 |
| Number students taking module (anticipated) | 15 |
|---|
Module description
Arising out of some of the darkest periods of history and experiences of dehumanisation, human dignity has become a rallying cry of resistance to oppression and the hallmark of democracy in Europe since 1945. This module provides you with a multi-layered study of these two complex concepts and their interconnections, essential for understanding social and political developments today. The module focusses on Europe, specifically the Council of Europe and the European Union, as this is the region in which human dignity was first developed and has significantly shaped human rights law and democracy. This module will enable you to develop a unique knowledge combining foundational legal texts and theories with the latest international scholarship. The summative assessment is designed to give you the opportunity to develop your key critical thinking and writing skills, as well as to encourage you to start taking part in the wider scholarly discussions.
Module aims - intentions of the module
The module closely follows political developments and international discussion on human dignity, human rights and democracy. Drawing on the module convenor’s internationally recognised research in this field, it aims to provide you with a cutting edge, research-enriched learning opportunity. By studying the connections between human dignity and democracy from a range of perspectives in an interactive and discursive pedagogical environment, this module seeks to enable you to make sense of some of the current challenges to democracy and human rights.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. demonstrate detailed knowledge of, and an ability to evaluate critically, a wide range of theoretical issues at the intersection of human dignity, human rights and democracy;
- 2. demonstrate a deep and systematic knowledge of, and an ability to evaluate critically, a wide range of issues raised by the reliance on human dignity and human rights in treaty law and related case law.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. use a wide range of sources and materials, including case law from different courts, theoretical and substantive academic commentaries, statutes, constitutions and treaties, in a critical and constructive way;
- 4. demonstrate flexible and innovative ability to analyse complex legal problems, identify the relative significance of applicable rules and principles, and select appropriate methods for critically evaluating them.
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. demonstrate independent thinking and ability to construct critical argument effectively, confidently and autonomously;
- 6. work independently and manage time efficiently in preparing for module activities and assessments;
- 7. demonstrate confident ability to interact effectively and proactively with a team/learning group, to share information and ideas and to manage disagreement in a professional and constructive manner.
Syllabus plan
Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:
- Human dignity and democracy: a global phenomenon
- Theories of dignity and democracy
- Democracy through law
- The human dignity promise
- Human rights-based democracy
- Democracy as society
- Democracy and ‘civilisation’
- Challenges to dignity-based democracy
- The role of law and its limits
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 33 | 267 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activities | 33 | 22 x 1.5 hour interactive workshops (two per week). Initially, the lecturer will lead workshops, with students expected to become gradually more involved in defining the workshops focus and in leading them. |
| Guided independent study | 150 | Workshop preparation |
| Guided independent study | 117 | Reflection, research, and the preparation of formative and summative assessments. |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Essay plan and draft introduction | 1,500 words | 1-7 | Individual written feedback and general comments to the whole cohort as relevant. |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay | 100 | 4,000 words | 1-7 | Written comments on the feedback sheet, with the opportunity for an individual meeting with the lecturer for further oral feedback. |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay (4,000 words) | 1-7 | August/September re-assessment period |
Indicative learning resources - Basic reading
A Barak, Human Dignity: The Constitutional Value and the Constitutional Right (CUP, 2015)
P Becchi and K Mathis (eds), Handbook of Human Dignity in Europe (Springer, 2019)
D Bedford, C Dupré, G Halmai and P Kapotas (eds), Human Dignity and Democracy in Europe: Identity, Citizenship and Solidarity (E Elgar, 2022)
E Daly, Dignity Rights: Courts, Constitutions and the Worth of the Human Person (University of Pennsylvania Press, 2013)
E Daly and J May, Advanced Introduction to Human Dignity (E Elgar, 2020)
C Dupré, Importing the Law in Post-Communist Transitions, The Hungarian Constitutional Court and the Right to Human Dignity (Hart, 2003)
C Dupré, The Age of Dignity: Human Rights and Constitutionalism in Europe (Hart, 2015)
M Düwell et al (eds), The Cambridge Handbook of Human Dignity (CUP, 2014)
D Grimm, A Kemmerer and C Möllers (eds), Human Dignity in Context (Nomos/Hart, 2018)
G Kateb Human Dignity (Harvard University Press, 2011)
C McCrudden (ed), Understanding Dignity (OUP 2013)
Indicative learning resources - Web based and electronic resources
ECJ case law: http://curia.europa.eu
ECHR case law: http://www.echr.coe.int/
Venice Commission: http://www.venice.coe.int/
ELE – https://vle.exeter.ac.uk/
Indicative learning resources - Other resources
- Primary legal materials (e.g. treaties, constitutions, case law etc. ….) as available on official websites
- Relevant and authoritative blog posts
- Selected video clips/podcasts as available on YouTube, media webpages, and official organisations.
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 07/05/2021 |
| Last revision date | 29/04/2022 |
