Checking date: 28/04/2023


Course: 2023/2024

Legal Theory
(14838)
Master in Advanced Studies in Human Rights (Plan: 290 - Estudio: 67)
EPD


Coordinating teacher: CUENCA GOMEZ, PATRICIA

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

Type: Compulsory
ECTS Credits: 5.0 ECTS

Course:
Semester:




Requirements (Subjects that are assumed to be known)
General Theory of Human Rights
Objectives
* 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.
Skills and learning outcomes
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 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.
Assessment System
  • % end-of-term-examination 0
  • % of continuous assessment (assigments, laboratory, practicals...) 100
Calendar of Continuous assessment

The course syllabus may change due academic events or other reasons.