Checking date: 10/07/2020

Course: 2020/2021

Legal Theory
Study: Master in Advanced Studies in Human Rights (67)

Coordinating teacher: CUENCA GOMEZ, PATRICIA

Department assigned to the subject: Department of International Law, Ecclesiastical Law and Philosophy of Law

Type: Compulsory
ECTS Credits: 5.0 ECTS


Students are expected to have completed
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.
Description of contents: programme
I. THE LEGAL SYSTEM, FUNDAMENTAL RIGHTS AND CONSTITUTIONAL STATE 1.1. Rule of law and Constitutional State 1.2. Constitutionalism as a paradigm for the Philosophy of Law 1.3. The legal system of the Constitutional State 1.4. Constitutional State and normative production 1.5. Tensions of the constitutionalism 2. CONCEPTIONS OF LAW AND FUNDAMENTAL RIGHTS 2.1. Natural law, positivism and theories of fundamental rights. 2.2. Principlist theories and fundamental rights 2.3. Positivist theories and fundamental rights 2.4. Mixed systems and fundamental rights. 2.5. Critical theories and fundamental rights 3. LEGAL INTERPRETATION AND FUNDAMENTAL RIGHTS 3.1. Theories of legal interpretation 3.2. The projection of the rights in the legal interpretation 3.3. The specificity of the interpretation of fundamental rights. 3.4. The valid and correct interpretation of fundamental rights. 3.5. Fundamental rights, legal reasoning and due process.
Learning activities and methodology
The course will be taught through synchronous and interactive on line modality, combining 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.
Assessment System
  • % end-of-term-examination 0
  • % of continuous assessment (assigments, laboratory, practicals...) 100

The course syllabus and the academic weekly planning may change due academic events or other reasons.