Study-Unit Description

Study-Unit Description


TITLE Human Rights within the National Legal Framework

LEVEL 05 - Postgraduate Modular Diploma or Degree Course



DESCRIPTION The study-unit will analyse concepts found in Constitutional and Administrative law such as that of rule of law, separation of powers and State responsibility for human rights within the Constitution, the relationship of national constitutions with international conventions and the EU Charter, and the recognition and implementation of human rights in ordinary legislation.

Study-Unit Aims:

- To provide students with knowledge of concepts of Constitutional and Administrative law which are pertinent to the protection of human rights;
- To consider the role of Constitutions and Constitutionally appointed bodies in the protection of human rights;
- To analyse the relationship between national constitutions and other international and regional documents on human rights;
- To analyse how human rights have been ingrained in national ordinary legislation.

Learning Outcomes:

1. Knowledge & Understanding
By the end of the study-unit the student will be able to:

- Recognise and identify the concepts and structures in Constitutional and Administrative Law that are fundamental for the protecton of human rights;
- Analyse the role of constitutionally appointed bodies in the protection of human rights;
- Assess the relationship between different legal documents each purporting to promote and protect human rights.

2. Skills
By the end of the study-unit the student will be able to:

- Provide a written analysis of the role of the Constitution and the bodies appointed in it in protecting human rights;
- Provide a written analysis of the obligations of the State in implementing human rights and how national legislation has been affected by international conventions.

Main Text/s and any supplementary readings:

Main Texts

- Cremona, J.J., 1994, The Maltese Constitution and Constitutional History since 1813, Publishers Enterprises Group.
- Goldsworthy, J., 1999, The Sovereignty of Parliament, History and Philosophy, Oxford Publishing.
- Elliot, M., 2001, The Constitutional Foundations of Judicial Review, Hart Publishing.

Supplementary Readings

- Forsyth, C., 2000, Judicial Review & the Constitution, Hart Publishing.
- Wade, H. & Forsyth, C., 2014, Administrative Law, Oxford Publishing O.Hood, P., 2001, Constitutional & Administrative Law, Sweet & Maxwell.


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

LECTURER/S Austin Bencini
Ugo Mifsud Bonnici
Ian Refalo

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 description above applies to study-units available during the academic year 2020/1. It may be subject to change in subsequent years.