Fundamental Rights and Freedoms (20612)

• Year: 1

• Term: 3rd

• Number of ECTS credits: 6

• Student hours: 150

 

Syllabus

This course consists of the study of the system for protecting basic rights in the Spanish legal system. It includes analysing the mechanisms put in place to protect fundamental rights in the 1978 Spanish Constitution, their legislative development and the effects of European and international human rights protection systems on the Spanish legal system.  

On completing the course students should understand the concept and basic notions of what have to be understood as fundamental rights, their relationship with constitutionalism and with the international human rights movement. Likewise, they need to know about the protections and guarantee mechanisms planned by the 1978 Spanish and their interrelation with European human rights protection systems. Finally, students must acquire basic notions of the contents of the main fundamental rights recognised in our legal system. To follow the course students will need to develop skills related to understanding and analysing past and present constitutional texts constitutional jurisprudence and doctrinal articles, as well as the ability to apply the structures of constitutional argument to conflict resolution and critique of institutions.

Topic 1. Fundamental rights: development and concept

Topic 2. Fundamental rights in the 1978 Spanish Constitution

Topic 3. Holding and exercising fundamental rights

Topic 4. The normative shaping of fundamental rights

Topic 5. The jurisdictional and institutional guarantees of fundamental rights

Topic 6. Fundamental rights in Europe and their projection on the Spanish legal system

Topic 7. The equality principle

Topic 8. Individual and private rights

Topic 9. Freedom of expression and information

Topic 10. Political and participation rights

Topic 11. Due process. The principle of criminal legality

Topic 12. Social and economic rights