Citizenship and the Rule of Law

Go to Course: https://www.coursera.org/learn/citizenship-rule-of-law

Introduction

## Course Review: Citizenship and the Rule of Law In today's complex and often tumultuous global landscape, understanding the principles of law and governance is more crucial than ever. Coursera’s course on *Citizenship and the Rule of Law*, organized by the Bingham Centre for the British Institute of International and Comparative Law, tackles the essential issues surrounding these principles in a rapidly changing world. With its comprehensive syllabus and expert-led discussions, this course is a valuable resource for anyone looking to deepen their understanding of legal systems and their relation to society and governance. ### Overview The course begins with a strong foundational quote: “Be you so high, the law is above you.” This principle speaks volumes about the Rule of Law, emphasizing that no entity is above the law, not even presidents or monarchs. However, the course also confronts the stark reality that the Rule of Law is increasingly threatened by powerful corporations, international cyber-crime, and the rise of authoritarianism. This dual perspective sets the stage for a rich exploration of both historical context and contemporary challenges. ### Syllabus Breakdown 1. **A Potted History of the Rule of Law** - The course kicks off with an engaging overview of the Rule of Law, tracing its evolution from Aristotle to modern implications. Learning about historical figures and milestones contextualizes current debates regarding the essential functions of law today. 2. **Judges: Independence, Tenure, and Appointment** - This section delves into the selection processes of judges and examines the crucial aspect of public confidence in judicial systems. Students will gain insights into the importance of independence within the judiciary and its vital role in maintaining the Rule of Law. 3. **What Does It Mean to Be Equal Before the Law?** - In this week, the course covers the challenging subject of equality before the law. It invites students to engage with real-world scenarios that probe into the nuances of justice and the potential need for differentiated treatment in certain cases. 4. **Access to Justice** - Here, students tackle barriers that prevent individuals from asserting their legal rights. The course emphasizes the concept of 'legal capability,' equipping learners with knowledge and skills to navigate legal challenges and exploring grassroots initiatives creating pathways to justice. 5. **An International Rule of Law** - Moving to a global perspective, this week covers international legal frameworks and human rights conventions. By reviewing the UN’s development and compliance issues within regional human rights laws, students will understand the interconnectedness of law across borders. 6. **Business, Human Rights, and the Rule of Law** - In its final week, the course addresses the intersection of business operations and human rights. Engaging with recent legal cases and principles of the UN Guiding Principles on Business and Human Rights, students explore how businesses can align their practices with the Rule of Law while grappling with contemporary challenges like privacy breaches in the digital age. ### Course Highlights One of the course’s standout features is its blend of historical perspective with current issues. The inclusion of both theoretical frameworks and real-life case studies enriches the learning experience. Additionally, the interactive elements—including discussions on improving access to justice and exploring practical applications of Rule of Law principles—ensure that students are not just passive recipients of information but active participants in legal discourse. ### Recommendations *Citizenship and the Rule of Law* is highly recommended for: - **Students of Law**: Those entering the legal profession will benefit from a structured exploration of foundational concepts and real-world applications. - **Policy Makers and Activists**: Individuals interested in shaping legal policies or advocating for human rights can gain practical insights into effective mechanisms for promoting the Rule of Law. - **General Public**: Anyone with a curiosity about how laws shape our daily lives and the structure of society will find this course both engaging and enlightening. ### Conclusion In essence, *Citizenship and the Rule of Law* provides a critical examination of the principles that form the backbone of free societies. With its thorough and well-rounded curriculum, the course equips students with the knowledge to engage meaningfully with the pressing legal challenges of our time. Whether you are a legal professional, a civil rights advocate, or simply a concerned citizen, this course offers essential insights that are both timely and timeless. Enroll now and step into the world of law with a renewed understanding of its vital role in governance and society.

Syllabus

A Potted History of the Rule of Law

Welcome to the first week of the course. Week 1 is an overview of the headline debates concerning the Rule of Law and a discussion of how it applies in practice today. You will be taken through a historical account of the development of the principle over time from Aristotle’s first statement of the Rule of Law to the modern work of the Bingham Centre. This teaching session will also serve as an introduction to debates about the requirements of the Rule of Law, i.e. whether it passes judgment on if particular decisions are “good” or “bad” and whether human rights are part of the Rule of Law.

Welcome to the second week of the course. Week 2 will focus on processes for the selection and appointment of judges, the importance of public confidence in the judiciary and the role that judges play in securing the Rule of Law.

Welcome to the third week of the course. Week 3 will establish that all must be treated equally before the law. The session will discuss contentious situations in which treating people equally requires that they be treated differently in order to give effect to justice, such as the limited range of sanctions available to criminals convicted as children.

Welcome to the fourth week of the course. Week 4 looks at a number of other barriers that individuals face in enforcing their legal rights. One of the concepts explored will be ‘legal capability’. This is defined as the knowledge, skills and confidence required to resolve legal problems in life. Students will be presented with a range of initiatives undertaken by civil society to improve legal capability and will produce their own ideas about improving access to justice across the world.

Welcome to the fifth week of the course. Week 5 will introduce students to the international legal order and regional human rights conventions. The week will start with a potted summary of the development of the United Nations. The second portion of session will focus on human rights law. Course leads will discuss universal and regional human rights frameworks including the African Charter on Human and Peoples’ Rights, the American Convention on Human Rights and the European Convention on Human Rights and speak to examples of non-compliance in respect of each of these and how they are enforced. The course team would like to give special thanks to Hector Tejero Tobed and Iris Anastasiadou for their help in compiling video scripts and content for this week of the course.

Welcome to Week Six of the course. Week 6 delves into the Rule of Law questions raised by the potential impacts of business operations on the human rights of their employees, populations of countries they are based in and other community stakeholders. This week will provide a background and history of this new and dynamic area, and describe how all eight of Bingham’s Rule of Law Principles are engaged in this discussion. The session will consider how the three pillars of the UN Guiding Principles on Business and Human Rights are founded on basic principles of the Rule of Law. You will be presented with real-life current examples of how these principles apply in practices. Examples discussed will include: Recent case law which expands traditional legal tests to stay up to date with modern-day cross-border business operations; Calls for and against regulation of the internet, in light of increasing examples of harmful content, privacy breaches and other human rights impacts of tech giants; Discussion of how companies undertake due diligence for human rights in their global supply chains,Presentation of the challenges in this area from a Rule of Law perspective. Rule of Law principles such as access to remedies and legal certainty will be recurring themes. The session will also illustrate some “myth-busting” examples regarding assumptions about the Rule of Law's universality.