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Constitutional Foundations of Liberal Democracy
The course will concentrate on the importance of civil rights for a liberal democracy. Based on case material from various jurisdictions, American and foreign, we will discuss different understandings and interpretations of civil rights. The legitimacy of a specific democratic or communal (vs. a more individualistic) interpretation will play a role. Furthermore, questions of positive rights, affirmative action, horizontal application, limitation, proportionality will be addressed. Finally, the current discussion on security vs. liberty in selcted countries will be taken up.