Individual Rights and Freedoms in the U.S. Constitution
2751-SM-S1-3-AM-PIWJ
The course is focused on an analysis of the American model of the constitutional protection of individual rights and freedoms, including its origins, normative foundations, and evolution in the constitutional practice of the United States. The course will address the origins and significance of the Bill of Rights, the structure of constitutional rights and freedoms, the significance of the Fourteenth Amendment, and the role of the U.S. Supreme Court in shaping the legal status of the individual. Particular attention will be paid to selected decisions concerning freedom of speech, freedom of religion, freedom of assembly, the right to keep and bear arms, due process guarantees, the right to privacy, and the principle of equality. Students will also analyse issues related to the state action doctrine, the personal scope of fundamental rights, and the relationship between individual rights and the public interest, particularly national security. The course incorporates a comparative perspective, enabling students to contrast the American conception of individual rights with the European and international human rights protection systems and to assess the significance of American constitutionalism for contemporary human rights discourse.
Total student workload
I. Hours involving an academic teacher (1.5 ECTS)
a) Teaching activities – 30 hours
b) Consultations with the academic teacher – 5 hours
c) Assessment and discussion of the assessment – 2.5 hours
II. Student’s independent work (1.5 ECTS)
a) Familiarisation with the subject literature – 30 hours
b) Preparation for the assessment – 7.5 hours
Learning outcomes - knowledge
W 1: The student knows the origins of the U.S. Bill of Rights and its place within the constitutional system of the United States. (K_W01)
W 2: The student knows the fundamental individual rights and freedoms protected by the U.S. Constitution and understands their significance in the American political and legal system. (K_W01, K_W02)
W 3: The student knows the role of the U.S. Supreme Court in interpreting the Constitution and shaping the scope of constitutional protection of individual rights and freedoms. (K_W06)
W 4: The student understands the fundamental differences between the American, European, and international approaches to the protection of individual rights and freedoms. (K_W06, K_W07)
Learning outcomes - skills
U 1: The student is able to analyse selected provisions of the U.S. Constitution and use the case law of the U.S. Supreme Court to interpret individual rights and freedoms.(K_U01)
U 2: The student is able to identify and analyse conflicts between the protection of individual rights and the public interest, particularly national security.(K_U08)
U 3: The student is able to compare the American approaches to the protection of individual rights with those operating within the European and international human rights protection systems.(K_U01, K_U03, K_U04)
U 4: The student is able to formulate and substantiate their own position in discussions concerning controversial issues related to the protection of individual rights and freedoms.(K_U04, K_U07)
Learning outcomes - social competencies
K 1: The student is prepared to critically evaluate arguments concerning the scope and limits of individual rights and to take into account different legal, political, and social perspectives. (K_K06, K_K01)
K 2: The student is able to apply knowledge of the system of rights and freedoms under the U.S. Constitution in a comparative context, taking into account the significance of the American model of constitutionalism for contemporary international relations. (K_K04, K_K01)
Course coordinators
Teaching methods
analysis of the text of the U.S. Constitution and selected amendments;
analysis and discussion of selected decisions of the U.S. Supreme Court;
case study;
problem-based discussion.
Observation/demonstration teaching methods
- display
Expository teaching methods
- problem-based lecture
- informative (conventional) lecture
Exploratory teaching methods
- classic problem-solving
- practical
- seminar
- case study
Type of course
compulsory course
Prerequisites
Basic knowledge of human rights, contemporary international relations, and the functioning of political systems. No prior knowledge of U.S. constitutional law is required.
Additional information
Additional information (registration calendar, class conductors,
localization and schedules of classes), might be available in the USOSweb system: