Graduate School of Law

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LAW700A1(法学 / law 700)
Selected Topics on Constitutional Law IV

建石 真公子

Class code etc
Faculty/Graduate school Graduate School of Law
Attached documents
Year 2023
Class code X4370
Previous Class code
Previous Class title
Term 秋学期授業/Fall
Day/Period 木5/Thu.5
Class Type
Campus 市ヶ谷
Classroom name 各学部・研究科等の時間割等で確認
Grade
Credit(s) 2
Notes 修士「憲法論文指導Ⅳ」と合同開講
Class taught by instructors with practical experience

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Outline (in English)

OUTLINE
The course "Constitutional Law of the Human Person. Debates in Europe on the beginning of life, the end of life, access to origins and filiation" is interesting to follow for three reasons.
Firstly, because it provides a detailed knowledge of the content of the fundamental rights of the person. Secondly, with regard to the originality of French constitutional law on this point: in fact, unlike Japan, it is a law, the so-called "bioethics" law, which regularly, every seven years, taking into account the evolution of science and society's mores, specifies how the fundamental rights of the human person are protected, whether it be with regard to access to procreation techniques, voluntary interruption of pregnancy, or accompaniment at the end of life. Finally, thanks to the meeting of "citizens' conventions", constitutional law is being modernized and the law is evolving not by undergoing the discoveries of science but more gradually, according to the expectations of society.
This law, which regulates and limits the use of the latest scientific advances on the human being, is subject to a judicial review, also with European law and international human rights law. As a result, a whole corpus of fundamental human rights is gradually taking shape, which the legislator is obliged to respect.
After presenting the legal framework (French, European and international) and the fundamental principles (dignity, freedom and solidarity) that structure the subject, each of the three parts of the course is an opportunity to study in depth the fundamental rights of the human person:

I EXIST
The legal status of the embryo and the fetus in France
What rights should be recognized for medically assisted procreation?
Is there a right to resort to a surrogate mother?

II LIVING
The right of the person to an identity
The right of the person to know his or her origins

III. DYING
The rights of the person at the end of life
The protection of the dignity of the person at the end of life
The great debate: the conditions and limits of a person's right to assisted suicide.

LEARNING OBJECTIVES
The learning objectives are:
-Knowing how to be: 1° knowing how to gather and master one's legal knowledge, 2° knowing how to conduct a personal reflection, 3° knowing how to form and express clearly a personal opinion, in few words, thanks to the study of the fundamental rights of the human being, 4° knowing how to understand a legal opinion based on principles directly opposed to one's own personal convictions
-Know-how : 1°know how to carry out documentary research on a very specific subject, 2°know how to exploit online legal resources on the Internet, 3°know how to lead a debate on delicate societal subjects, 4°know how to construct and complete legal research in comparative law, 5°have the legal skills necessary to be able to hold a permanent job in a field where the fundamental rights of the human person are at stake, whether in an academic or professional environment.
NB:
1)The languages used during the course are French/English/Japanese. The course will be given mainly in French with simultaneous translation into Japanese. English can be used to ask questions or to clarify certain points during the debates which will take place in class.
2)The discussion, the debate is a central objective of this course.

GRADING CRITERIA /POLICY

Students must be present for the entire course. Grading is based on each student's active participation tu the duscussion(50%) and report(50%).

Default language used in class

日本語 / Japanese