Le Grand Syllabus 2016/2017
Pedagogical format : Lecture alone Pedagogical method : The course will be based on close analysis of legal and philosophical academic literature as well as of comparative constitutional and international case-law. The sessions will heavily rely on discussion of the readings in class. Accordingly, all students are expected to read and reﬂect on the assigned materials prior to each session, and be ready to rehash the main arguments, facts, rulings in the weekly readings, and present their own point of view on the aforementioned. Course Description : Invented centuries ago, but gaining real importance and inﬂuence only in the past few decades, Human Rights are today the bread and butter of ﬁghters for justice. Human rights have been invoked in courts and on barricades, by world leaders as well as by criminals, by capitalists and socialists alike. Their use is often perplexing : they were used as an argument for and against slavery as well as for and against abortion, for free public education but also for private schools, for religious freedom but also against religious practices, for private property but also for nationalization. And their translation into law is no less complex. The ﬁrst general questions to grapple with when exploring this topic are historical and theoretical : What are “human rights” ? When and how did they come to existence and become so popular ? And what justiﬁcations are there for rights protection in democratic regimes ? Next, come legal doctrines, asking more speciﬁcally, who may have rights (Men ? Women ? Minorities ? Children ? Disabled ? Religious groups ? Corporations ? Animals ? Plants ?), against whom do rights protect (State ? Other states ? Other individuals ? Other entities ?), what rights are protected (Right to live ? To be free ? To vote ? To own property ? To have a fair trial ? To speak ? To work ? To have a house ? To drink clean water ?), what is their scope (Does the right to live include the right to live in a rich country ? Does freedom of speech include freedom of racist speech ? Do corporations have freedom of religion ?), what may justify their limitation (Are rights absolute ? Can they be trumped by interests of safety ? Security ? By rights of other individuals ?), and who should guarantee their protection (The states governments ? Constitutional courts ? International courts ? International organizations ? The UN ?). 146
Finally, the concept of rights cannot be fully understood without addressing the fundamental doubts as to the necessity and efﬁcacy of human rights, as well as the claims to their deceptiveness and harm. Required reading : ROBERT ALEXY &JULIAN RIVERS, A THEORY OF CONSTITUTIONAL RIGHTS (Oxford University Press, 1 edition ed. 2010)..
INDIA AND THE WORLD
Semester : Spring Number of hours : 24 Language of tuition : English
Teachers : Asma FAIZ (PhD student), Frédéric GRARE (Chargé de mission, Centre d'analyse de prospective et de stratégie, Ministère des Affaires Etrangères), Christophe JAFFRELOT (Research Director, CERI - Sciences Po), Isabelle SAINTMEZARD (Researcher). Prerequisite : None. Pedagogical format : Lecture alone Course validation : 60% term paper (due to week 9) and 40% ﬁnal exam. Course Description : Half-a-century after Nehru's ﬂamboyant reign, India is back on the world stage. His immediate successors were forced to concentrate on their region, South Asia, home to so many wars between the 1960s and the 1980s. Required reading : David M. Malone, Does the Elephant Dance ?, New York, Oxford University Press, 2011 ; W.P.S. Sidhu, Pratap B. Mehta and Bruce Jones (eds.), Shaping the Emerging World. India and the Multilateral Order, Washington, Brookings Institution Press, 2013.
INDIAN DEMOCRACY : FOUNDING ELEMENTS, EVOLUTIONS AND CHALLENGES
Semester : Autumn Number of hours : 24 Language of tuition : English
Teachers : Xavier HOUDOY (PhD student), Jean-Thomas MARTELLI (PhD Student). Pedagogical format : Elective