73343 - Human Rights, Constitutions, Institutions

Learning outcomes

At the end of the course the student knows the most important assumptions concerning the origins and theoretical foundations of human rights in the history of modern and contemporary political thought; has knowledge of what cultural and religious notions may be instrumental to their universal implementation in a multicultural society; has a solid knowledge of the basic constitutional texts, placed in the context of the history of political thought and with special reference to the contribution they gave to the codification of rights and human dignity; is able to set contemporary democratic institutions in the perspective of protection of fundamental human rights. More specifically, the student is able to: express an opinion concerning the most important assumptions about human rights; identify the specific traits of the fundamental modern constitutional texts; apply what has been learnt to the analysis of the contemporary institutions devised to protect and promote human rights.

Course contents

The first part of the course analyzes the transformations of the modern and contemporary State in order to examine the problems of the so-called “age of globalization”. The second part of the course, which starts from the American and French Revolutions, focuses on the most important models of Western constitutionalism and on the relation between politics and rights. We will also investigate the relation between constitutions and rights, mainly with reference to the twentieth century, and we will devote close attention some relevant cases of ‘new' constitutions of the early twenty-first century. The third part of the course will investigate the subject of war in the modern age and the contemporary new wars, with a special emphasis on the problem of the institutionalization of peace.

Readings/Bibliography

There is one compulsory reading for the preparation of the exam:

R. Gherardi-M. Ricciardi (eds), Lo Stato globale, Bologna, Clueb, 2009.

 

Then, one book to be chosen in the following list:

 

A.Cassese, I diritti umani oggi, Roma-Bari, Laterza, 2009

B.Celano, I diritti nello Stato costituzionale, Bologna, Il Mulino, 2013.

C.Focarelli, La persona umana nel diritto internazionale, Bologna, Il Mulino, 2013

M.Flores, Storia dei diritti umani, Bologna, Il Mulino, 2008.

M.Fiorillo, Guerra e diritto, Roma-Bari, Laterza, 2009.

J.O. Frosini, Constitutional Preambles at a Crossroads between Politics and Law, Maggioli editore, 2012.

Students are required to prepare a specific work, to be decided together with the instructor, on the topics of the course.

 

Students are also required to know the following declarations and constitutions: Declaration of Independence of the United States of America (1776); Declaration of the Rights of Man and Citizen (1789); Weimar Constitution, second part (1919); Pact of the Society of Nations (1920); Briand-Kellog Pact (1928); Charter of the United Nations (1945); Constitution of the Italian Republic, fundamental principles, title I and title II (1948); Universal Declaration of Human Rights; Charter of fundamental Rights of the European Union; Arab Charter on Human Rights; African Charter on human and peoples Rights; Asian Human Rights Charter.

Teaching methods

Lectures. Classes in cooperation with experts. Workshops. Attendance is recommended.

Assessment methods

For students who do group-work, the work done during the workshops will be evaluated. For these students the final exam will consist in a written test. There will be an oral exam for students who do not attend the classes. Students who cannot attend the classes are invited to contact the instructor during the office hours to prepare a specific work on the topics of the course, to be decided with the instructor.

Teaching tools

We will make ample use of material from Amnesty International, starting with the website (www.amnesty.it). The basic text for the workshops organized inside the course is the "Report 2014. The state of human rights in the world", published by Amnesty International.

Office hours

See the website of Raffaella Gherardi