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Grado en Derecho

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Derechos Fundamentales y Libertades Públicas

Código asignatura
GDEREC01-3-008
Curso
Tercero
Temporalidad
Segundo Semestre
Materia
Derecho Constitucional
Carácter
Optativa
Créditos
6
Pertenece al itinerario Bilingüe
No
Actividades
  • Prácticas de Aula/Semina (21 Hours)
  • Clases Expositivas (35 Hours)
Guía docente

For the group in English:

The main aim of this course is to get deeper into the fundamental rights granted by the Spanish Constitution and the Human Rights Law analyzing the limits imposed by the democratic citizenship over the multicultural exercise of fundamental rights. This course will explore the challenges of multiculturalism within democratic constitutional systems, like Spain. To which extent can ethnic groups, national minorities, sexual minorities, and other groups demand recognition for their cultural differences on behalf of the individual or collective exercise of their fundamental rights? To which extent can or even should democratic states grant differentiated rights -special representation rights, educative rights, or limited self-government rights- to different types of groups? This course will examine how different democratic legal systems can manage this pluralism with the help of their own constitutional understanding of democratic citizenship.

For the group in English:

  • Students mus have passed the compulsory subjects Constitutional Law I and Constitucional Law II

  • Proof of B2 english level required according to the following criteria:

    • Escuela Oficial de Idiomas: Advance Level 2.

    • TOEFL: > 87 points.

    • IELTS: > 5,5 points .

    • Cambridge Firts certificate.

    • Other private or public intensive english courses : advanced conversation level, mentioning the equivalence to b2 level

  • Only 20 students (plus erasmus students) are admitted (selection according to average mark of the Law Degree)

  • Students must have basic computer knowledge and have private or public (through the University Libraries) access to the internet, then most of the course's contents will be delivered through the Virtual Campus Platform.

General

CG2- Knowledge, respect and promotion of a democratic and peace culture

CG5, CG12, CG15- Searching and critically interpreting data and information on relevant social and ethical issues of contemporary multicultrual society

CG25- Autonomous working

CG11- Computer and new technologies usage

CG14- Working managemnet and planning

CG13- Analyzing and sumarizing

CG16- Drafting and defending arguments

CG19- Solving legal problems

CG9- Oral and written comunication (in English)

Particular

CE1- Knowledge and legal skills for interpreting the legal system

CE4- Using constitutional principles and values as a workling tool for interpreting and implementing the legal system

CE5- Knowledge of the basic constitutional principles: in particular the sources of law and the fundamental rights

CE9, CE 14, CE 16- Drafting and law structuring a legal argument, orally or written

CE10- Searching, using and interpreting leagl sources (legislation, case-law, literature)

CE17- Learning to apply legal theories to solving fundamental rights disputes

Learning Outcome:

RA3.1- Knowledge of constitutional adn fundamental rights theory

RA3.2- Knowledge of constitutional law regarding fundamental rights

RA3.3- Search for legislation anda case law applicable to a fundamental rights dispute

RA3.4- Critical analysis of constitutional legislation, case-law and literature referring to fundamental rights

RA3.5- Solving fundamental rights disputes by applying pertinent constitutional theory, legislation and case-law

RA3.6- Present and debate with legal arguments an essay on fundamenatl rights

For the group in English:

PART I: FUNDAMENTAL RIGHTS, NATIONALITY AND CITIZENSHIP

§1.- Fundamental Rights versus Human Rights: National Constitutions and International Human Rights Law

§ 2.- The link between the exercise of fundamental rights and the development of a democratic citizenship

§ 3.- The two faces of citizenship: formal citizenship (nationality) and substantial citizenship

§ 4.- From ethno-cultural shaping of nationality and citizenship to a democratic multicultural building of citizenship

PART II.- FUNDAMENTAL RIGHTS AND MULTICULTURALISM

§ 5.- Link between democracy and fundamental rights: multicultural citizenship and attachment of voting rights?

§ 6.- Limitations upon multicultural exercise of fundamental rights: in particular the case of freedom of religion

§ 7.- Assimilation of the democratic culture through the right to education

§ 8.- Managing multiculturalism through Fundamental Rights policies: the right to equality (identity or difference?)

For the group in English:

The course will take place completely in English and consists of lectures explaining basic topics, and seminars discussing the proposed literature which Students must have read in advance. The lectures and seminars will also be interactive, "Socratic" and dialogical, and will take place according the Schedule provided. Some of these interactive lectures could be taught by guest lecturers who are specialized in a particular field.

TYPE OF TEACHING     Hours  
Classroom Lectures      12       
Classorom Seminars     30         
Assesed Presentations   8       
Home Indivual Work   100        
                        Total    150            

For the group in English:

Students can pass the course and receive 6 ECTS credits in the ordinary (may) call through continuous assessment by presenting in a fixed date one paper of a minimum of 4000 words, commenting different texts provided by the Professor in the lectures or in the course website. They are also expected to participate actively in the lectures and seminars. Participation in the lecture and seminars will represent 50% of the mark, and the last 50% will be assigned to the paper. All tasks and the paper will be evaluated from 0 to 10, so that 0-4.99 points will mean “failed” (F); 5-6.99 points will mean “satisfactory” (D); 7-8.99 points will mean “good” (C); 9-9.99 points will mean “ very good” (B); and 10 points will mean “outstanding” (A). Whatever the case, a minimum of 5 points in both kinds of activities (tasks and paper) is required to pass the course.

Students failing the continuous assessment can retake the assessment in the June and January (next year) calls by writing and introducing orally an 8000 words paper commenting a given topic related to the texts and issues discussed in the course in the date fixed for the examination in each of these calls.

All the activities will be evaluated taking into account the conceptual understanding of the issues dealt with, the ability to make an critical and rational analysis of the matter, a good structured development of the issue and the clarity and precision of the legal terms used.

For the group in English:

Benito Alaez Corral,

-Democratic citizenship, external multiculturalism and limits to the exercise of fundamental rights, International Journal of Human Rights and Constitutional Studies, Vol. 4, Nr. 4, 2016

- Nationality, citizenship and democracy, International Journal of Human Rights and Constitutional Studies, Vol. 3, Nr. 2, 2015

- Constitutional Educative Ideology as Limitation Upon Educative Freedoms: the case of Spain, International Journal of Human Rights and Constitutional Studies, Vol. 2, Nr. 3, 2014

- Some constitutional thoughts about the Islamic full veil ban in Europe, Vienna Journal of International Constitutional Law, Vol. 7, Nr. 3, 2013

Linda Bosniak, Citizenship denationalized, Indiana Journal of Global Law Studies, Vol. 7, p. 447, 2000

Claus Offe, “Homogeneity” and Constitutional Democracy: Coping with Identity Conflicts through Group Rights, Journal of Political Philosophy, Volume 6, Number 2, June 1998, pp. 113-141

Michel Rosenfeld, Equality and the Dialectic between Identity and Difference, Cardozo Legal Studies Research Paper No. 133, 2005

ON-LINE CONSTITUTIONAL AND LEGAL TEXTS AND CASE LAW FROM DIFFERENT COUNTRIES AS WELL AS OTHER MATERIALS PROVIDED THROUGH THE VIRTUAL CAMPUS (https://www.innova.uniovi.es/innova/aulanet/aulanet.php)