Study-Unit Description

Study-Unit Description


CODE PBL4015

 
TITLE Due Process in International Human Rights Law

 
LEVEL 04 - Years 4, 5 in Modular UG or PG Cert Course

 
ECTS CREDITS 4

 
DEPARTMENT Public Law

 
DESCRIPTION This study-unit deals with due process issues from the perspective of international human rights instruments. in particular it will examine the rights of the accused at the pre-indictment stage, the right to proceedings within a reasonable time, the right of the accused to a judicial determination of the charges against him/her, the character of the adjudicating tribunal, the trial hearing, the right of appeal, and compensation for miscarriage of justice with regard to various international human rights instruments such as the International Covenant on Civil and Political Rights, the Inter-American Convention on Human Rights, the African Convention on Human and Peoples Rights, the International Covenant on Economic, Social and Cultural Rights, etc.

Study-unit Aims

The aims of this study-unit are the following:
(a) to introduce to the student the principle of due process;
(b) to establish how this principle has been applied in international instruments;
(c) to determine the differences in application of this principle in various international and regional instruments;
(d) to discuss selective relevant international and regional case law which has interpreted the principle of due process;
(e) to compare and contrast international and regional instruments as to the setting out of the essential elements of the due process principle;
(f) to establish commonalities in the various international and regional instruments as to the essential elements of the due process principle; and
(g) to assess the efficacy of the various mechanisms established by international and regional instruments to give effect in practice to this principle.

Learning Outcomes

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
(a) know which are the applicable international and regional due process instruments;
(b) identify the essential elements of the due process principle;
(c) establish the various nuances in interpretation of the due process principle;
(d) master the pertinent international and regional case law which has led to the elucidation of the due process principle;
(e) extract the commonalities and differences between international and regional instruments as to the commonalities and differences of the due process principle;
(f) assess the efficacy of the international and regional institutions which have been established to enforce the due process principle;
(g) critically examine the deficiencies in the application of the due process principle in international, regional and national law.

2. Skills:

By the end of the study-unit the student will be able to:
(a) apply the knowledge and understanding gained during this study-unit to compare and discriminate between the various essential ingredients of the due process principle;
(b) establish whether any national law complies, and if so, to what extent, with the due process principle;
(c) carry out a comparative study of the essential ingredients of the due process principle;
(d) illustrate how the due process principle is understood, applied and interpreted in international and regional instruments and international and regional case law;
(e) write a paper or article on what they would have learnt in this study-unit.

Main Text/s and any supplementary readings

- Henry J. Steiner, Philip Alston and Ryan Goodman, "International Human Rights in Context: Law, Politics, Morals", third edition, Oxford, Oxford University Press, 2008 (available at UOM Main Library - KC200.S8 2008).
- Ben Emmerson, Andrew Ashworth and Alison Macdonald, "Human Rights and Criminal Justice", second edition, London: Sweet & Maxwell, 2007 (available at UOM Main Library - KC209.E4 2007).
- Mohamed El Zeidy, "The Doctrine of Double Jeopardy in International Criminal and Human Rights Law", Mediterranean Journal of Human Rights, 2002, Vol. 6, Double Issue, pp. 183-246 (available at UOM Library, Reference No. 208815).

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Resit Availability Weighting
Assignment SEM1 Yes 100%

 
LECTURER/S Therese Comodini Cachia

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the study-unit description above applies to the academic year 2018/9, if study-unit is available during this academic year, and may be subject to change in subsequent years.

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