Module Title:Constitutional Law 2
Language of Instruction:English
Credits: 5
NFQ Level:8
Module Delivered In 4 programme(s)
Teaching & Learning Strategies: Lectures - communication of knowledge and ideas from the lecturer to the student. Problem Solving Exercises - the student will work as part of a team and will work together to resolve various legal scenarios. Class Discussion/Debate - Students will be encouraged to actively participate in the class sessions which will develop their analytical and communication skills. E-Learning - It is envisaged that the module will be supported with online learning materials. Self-Direct Independent Learning - the emphasis on independent learning will develop strong and autonomous work and learning practices.
Module Aim: To provide students with a sound understanding of constitutional law and theory, and an appreciation of key doctrines including rights relating to the criminal trial; equality; unenumerated rights; guarantees relating to the family and education; freedom of religion, expression, association and assembly; the guarantee of personal rights and personal liberty; inviolability of the dwelling; constitutional policy on abortion and the Directive Principles of Social Policy.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1 Apply critical analysis and problem-solving techniques to both essay and problem-based questions on the implications of constitutional provisions
LO2 Construct and produce analytical and persuasive writing on fundamental issues in the development of Irish constitutional law, grounding such analysis in the text of the Constitution and constitutional case law
LO3 Critically appraise case law interpreting the Constitution and formulate reasoned and persuasive positions on the future development of constitutional law
LO4 Critically evaluate and distinguish between the efficacy of the Irish constitutional framework and the constitutional frameworks of other jurisdictions
Pre-requisite learning
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.

No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
 

Module Content & Assessment

Indicative Content
Personal Rights and the Constitution
• Numerated and Unenumerated Constitutional rights • Hierarchy of Constitutional Rights • Interpretation of Constitutional Rights by the Courts • Qualification of Constitutional Rights • Inalienable Constitutional Rights • Remedies for Breach of Constitutional Rights
Tribunals
• Types of tribunal • Formation of a Tribunal • Constitutional Status
Life and Human Dignity
• Right to Life • Abortion • Genocide • Death Penalty • Right to Die • Torture and Degrading Treatment
Equality
• Connotations of Equality • Scope of the equality guarantee • Exceptions
Personal Liberty
• Right to Personal Liberty • Permissible detentions • Restrictions on Movement • Habeas Corpus and the Article 40.4 Inquiry • Bail
Freedom of Expression
• Right to Freedom of Expression • Restrictions on Expression • Compelled Expressions • Regulating the Media
Freedom of Association and Assembly
• Right to Freedom of Association • Restrictions on Association • Forced Association • Right to freedom of Assembly • Restrictions on Assembly • Use of Force • Public Fora
The Family and Education
• Definition of “Family” • Marriage, Discrimination and Autonomy • Right to Procreation • Family Property Rights • Deportation of family members • Custody and Control of Children • Non-Marital Children • Divorce • The Unborn • Rights to Primary and Secondary Educ
Religious and Property Rights
• Property Rights • Freedom of Religion
Other Unenumerated rights
• Rights to Privacy and Marital Privacy • Right of Access to the Courts • Right to Travel • Right to Fair Procedures in Decision making • Other Unenumerated Rights
External Sources of Fundamental Rights
The European Convention of Human Rights, The Charter of Fundamental Rights of the European Union, the EU's accession to the Council of Europe, other human rights treaties to which Ireland is a party.
Assessment Breakdown%
End of Module Formal Examination100.00%
No Continuous Assessment
No Project
No Practical
End of Module Formal Examination
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Formal Exam n/a 1,2,3,4 100.00 End-of-Semester

ITCarlow reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 3.00
Independent Learning Every Week 6.00
Total Hours 9.00
Workload: Part Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 1.50
Total Hours 1.50
 

Module Delivered In

Programme Code Programme Semester Delivery
CW_BBLAW_B Bachelor of Business (Honours) in Business with Law 4 Elective
CW_BBLEG_C_1 Higher Certificate in Arts in Legal Studies 4 Elective
CW_BBLAW_C Higher Certificate in Business with Law 4 Elective
CW_HHLAW_B Honours Bachelor of Laws Degree - LLB 2 Mandatory