General Theory of Human Rights

* To deepen the study of human rights from the philosophical and legal methodology * To present some of the most important problems that the incorporation of fundamental rights to legal systems arises in the theory of law. * Provide different theories about the meaning of the incorporation of rights to the Constitucions (natural law, positivist, alternatives) * Analyze the role of human rights in the legal system * Analyze the impact of rights on the question of the validity and legal interpretation.

INTRODUCTION PART I: CONCEPTIONS OF LAW, CONSTITUTIONAL STATE, AND FUNDAMENTAL RIGHTS 1. AN APPROACH TO CONCEPTIONS OF LAW 2. PRINCIPALIST THEORY, CONSTITUTIONAL STATE, AND FUNDAMENTAL RIGHTS 3. POSITIVISM, CONSTITUTIONAL STATE, AND FUNDAMENTAL RIGHTS 4. CRITICAL THEORIES OF LAW AND FUNDAMENTAL RIGHTS PART II: LEGAL SYSTEM, FUNDAMENTAL RIGHTS, AND THE CONSTITUTIONAL STATE 1. RULE OF LAW AND CONSTITUTIONAL STATE 2. CONSTITUTIONALISM AS A PARADIGM FOR THE LEGAL PHILOSOPHY 3. THE LEGAL SYSTEM OF THE CONSTITUTIONAL STATE: LEGISLATION AND CONSTITUTION 4. CONSTITUTIONAL STATE AND NORMATIVE PRODUCTION 5. THE TENSIONS WITHIN CONSTITUTIONALISM 6. THE DEBATE ON CONSTITUTIONAL JUSTICE 7. CONSTITUTIONAL STATE, LEGAL INTERPRETATION, AND FUNDAMENTAL RIGHTS

The course will combine the system of lectures, discussions and activities on the more controversial topics of the program. In the theoretical explanations the basics concepts of each item will be developed. Compulsory materials (book chapters and academic articles) will be available in Aula Global.