EQUL40070

This module examines the capacity of human rights law to tackle the social injustices associated with various forms of inequality. We focus on the national level, paying particular attention to how law is mobilised, and how courts interpret and apply the rights set out in the constitutions of various states (e.g., Brazil, Canada, Columbia, India, Ireland, South Africa, and the United States). The module draws on the insights of theorists who critically evaluate law from various disciplines. Across the course, we encounter writing that seeks to disrupt law’s claim to objectivity, neutrality, and impartiality, while offering alternative accounts of justice within and outside the legal system.

The module first considers what the term ‘human rights’ means, and the extent to which such rights are embedded in law. It then addresses the role accorded human rights law in the architecture of liberal democracies, focusing on the relationship between human rights and constitutions (weeks 1-5). Using socio-economic rights as an exemplar, major debates about the interplay between social justice movements and state mechanisms for protecting human rights are considered in weeks 6-9. The final block of classes explores feminist and critical race theory analyses of how constitutional texts are interpreted (weeks 10-12).

Dr Jamie McLoughlin is the course lecturer.