LAW10060 Constitutional Law: Fundamental Rights under the Constitution of Ireland

Academic Year 2020/2021

This course considers how the Constitution of Ireland protects fundamental rights and the relationship of these rights to the State's obligations under the international human rights treaties to which it is a party. Examples of the fundamental and human rights that may be considered are: personal liberty; trial in due course of law; freedom of expression, assembly and association; religion; the family and education; private property; other personal rights, enumerated (such as the right to life) or unenumerated (such as privacy) and equality before the law. The course also considers which remedies a court can grant for violations of rights and may also deal with some other incidental topics - such as the Directive Principles of Social Policy. Irish Constitutional Law (of which this module forms a part) is an entry examination subject for both the Law Society and the Honorable Society of King's Inns.

In 2018/19 there will be a coursework component to the module; the one-hour end of trimester examination will count for 55% of the credit for the module, an essay (due in Week 7) for 30%, a group presentation for 10% and tutorial attendance and participation for 5%. The group presentation is part of the Legal Writing and Research programme across Level 1; it will be made in the tutorials, at varying points during the trimester.

Please note that the end-of-trimester examination will be one hour long and not two hours. The examination takes the form of one compulsory problem question.

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Curricular information is subject to change

Learning Outcomes:

On completion of this module students should, at a minimum, be able to:

- Categorise each constitutional right appropriately.

- Explain the general relationship between constitutional and international human rights.

- Recognize what rights might be at stake in a simple hypothetical problem.

- Analyse the general reasoning process that a court should use to decide such a case.

- Formulate specific arguments that might be made in that context.

- Evaluate, defend or dispute general propositions of, or concerning, constitutional law.

Student Effort Hours: 
Student Effort Type Hours
Lectures

24

Tutorial

4

Autonomous Student Learning

100

Total

128

Approaches to Teaching and Learning:
The main elements of teaching in the module are lectures and tutorials. In the lectures, the broad framework of the subject is presented, with detailed indication for further reading by students. The tutorials offer an opportunity for students to discuss specific topics in greater depth and to benefit from the knowledge and understanding of their peers as well as of the tutors. Students will also receive individual feedback on their coursework. 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Incompatibles:
LAW41980 - Advanced Constitutional Law 2

Equivalents:
Constitutional Law II (LAW1906)


 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Essay: Essay: 750 words Week 7 n/a Graded No

40

Assignment: Written assignment, 1200 words Week 12 n/a Graded No

60


Carry forward of passed components
Yes
 
Resit In Terminal Exam
Summer No
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Feedback individually to students, on an activity or draft prior to summative assessment
• Feedback individually to students, post-assessment
• Group/class feedback, post-assessment
• Peer review activities

How will my Feedback be Delivered?

Students will be provided with individual feedback on their coursework, normally highlighting a few main points that may help them do better in future. The class will be provided with a brief report on the answers given to the examination question, at the same time the provisional results are released. Tutorials given students the opportunity to give feedback on each other's work in the context of class discussions and to receive feedback from tutors.

Name Role
Professor Eoin Carolan Lecturer / Co-Lecturer
Assoc Professor Thomas Mohr Lecturer / Co-Lecturer
Mr John O'Dowd Lecturer / Co-Lecturer