Course Contents
The lecture deals with the fundamental and human rights that are binding for the German and the European legal system. Fundamental rights have become a focal point of constitutional law in constitutional democracies. They shape ordinary law as well as the everyday life of authorities, courts and citizens. At the same time, the development of international law since the end of World War II has been characterized by a extension of human rights obligations, which in turn have an impact on the law of the respective convention states. Fundamental and human rights fulfill divergent functions; one the most important ones is the limitation of state power to secure private and collective autonomy and to prevent (certain forms of) unequal treatment (fundamental rights as defensive rights). At the same time, fundamental and human rights often have to be reinterpreted due to technological and social developments. The lecture does not regard fundamental and human rights as timeless constants, but situates them historically, socially and (legal) theoretically. These contextualisations should enable students to assess the effectiveness of fundamental and human rights as well as the sometimes conflicting priorities that are inherent in any application of fundamental and human rights.
The lecture will look in detail at the challenges posed to fundamental and human rights by new technologies and changing social practices. Examples include the regulation of artificial intelligence systems, the profiling of individuals and the handling of posts on social networks.
In order to prepare students for the final exam, several exercise units are integrated into the lecture. In these units, illustrative cases are discussed to sensitize students to the central issues and at the same time enable them to develop legally valid arguments.
Online Offerings
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- Lehrende: Andreas Kerkemeyer