上課時間
修課班級
課程資訊
選課分析
| Attendance | 20 | |
| Engagement in the class | 20 | |
| Written Report and presentation | 60 |
This course “same right different rules” will provide a comparative perspective on civil rights in different states and international contracts, the course will explore the historical foundation and contemporary challenges of basic rights through a comparative lens, focusing on the Constitution of United States and the Basic Law “Grundgesetz” of Germany. Starting with the philosophical explanation of natural rights, human rights and constitutional rights, the lecture will illustrate the tension between the is and the ought and reflect the dilemma between moral duty on paper and actions in reality The course consists of 14 Topics and will further examine specific constitutional protections in the U.S. Bill of Rights and the German Grundgesetz, national protection of rights that are anchored alongside international treaties and human rights conventions. Basic rights such as freedom of speech, freedom of religion, protection of property will be analyzed across different constitutional systems, against the background of contemporary menace to these rights such as digital surveillance, climate change, disinformation, and the rise of populism. By the end of the semester, students will have gained a critical understanding of civil rights and the diversity of constitutional traditions, the theoretical understanding should then be proven by individual presentations and analysis of controversial cases
Constitutional Courts in Comparison: The U.S. Supreme Court and the German Federal Constitutional Court: Ralf Rogowski and Thomas Gawron
Comparative Constitutionalism: Cases and Materials: Norman Dorsen, Michel Rosenfeld, András Sajó, and Susanne Baer
The Bill of Rights: Creation and Reconstruction: Akhil Reed Amar
Civil Rights and Civil Liberties (The Stone/Seidman Casebook): Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet
American Constitutional Law: Laurence H. Tribe