Constitutional Adjudication

Course Description: 

The course will deal with the distinction between the scope of rights, their limits and the limits on the limits.  We will discuss questions concerning scope of rights, definite or prima facia characters of the rights and the distinction between positive and negative rights.

As to the limitation of rights, we will discuss two main models for limitation of rights:  the American model of scrutiny, and the European model of Proportionality.  We will analyze the components of Proportionality, and will concentrate on balancing.  We will compare both models, and discuss the Pros and Cons of each one of them.

Learning Outcomes: 

1. Ability to analyze the complex relationship between law and politics in human rights.
2. Sound handling of sensitive and controversial issues dividing human rights actors.
3. Multidisciplinary approach to human rights.
4. Ability to demonstrate an awareness and understanding of the wider context in which human rights law operates.
5. Insights into the inside story of some successful and failed human rights struggles.