Prof Conor Gearty NAB.6.11

This course is available on the MSc in Human Rights, MSc in International Migration and Public Policy, Master of Laws and Master of Laws (extended part-time study). This course is available with permission as an outside option to students on other programmes where regulations permit.

This course is capped at 30 students. 

This course will be made up of a detailed study of the UK Human Rights Act. The origins and the political background to the Act will be explained, and the structure of the measure will be fully elaborated, relying on the text of the Act itself but also on the burgeoning case law that accompanies the measure. The course will identify the principles that underpin the Act and explain its proper place in English law. It will also explore the wider constitutional implications of the measure, looking at its effect on the relationship between courts and Parliament. The political context in which the measure has had to operate will be considered, and the relationship with the change to human rights protection likely to follow the UK's proposed departure from the EU will be considered. The course complements European Human Rights Law (LL468) but can be taken separately from it.

20 hours of seminars in the LT. 2 hours of seminars in the ST.

There will be a reading week in week 6.

One 2,000 word essay.

The key text is now C A Gearty, On Fantasy Island. Britain, Strasbourg and Human Rights (OUP, 2016). See also Kavanagh, Constitutional Review under the UK Human Rights Act (Cambridge, 2009); Hickman, Public Law After the Human Rights Act (Hart, 2010); Gearty, Principles of Human Rights Adjudication (Oxford University Press, 2004). While these books will be referred to, students will also be expected to read cases: they will receive a detailed Reading list for each topic.

Exam (100%, duration: 2 hours, reading time: 15 minutes) in the main exam period.

This subject is examined by one two-hour paper, composed of at least six questions of which two must be attempted. There will be a fifteen minute reading time during which the exam paper may be written on.