A survey course on fundamental rights and their judicial protection. The focus is not on the study of particular regimes and systems but on the structural and substantive features shared by them and on the historical and comparative study of how those features came to be in the constitutional traditions of the United States and Europe. However, the course is not primarily centered on the philosophy or the history of fundamental rights. The subject is the general theory of fundamental rights, comprising their theoretical foundations; the general doctrine of their structure, application, and effects; the doctrinal construction of special rights or principles; and the various systems, standards, and levels of judicial enforcement. The aim is to provide the students with an understanding of the subject and with the technical tools indispensable to legal reasoning in this domain.
Fundamental Rights & Constitutional Justice
6 ECTs / Semester / English