Balance of Power and Constitutional Enforcement, 15 Credits

Contents

The course focuses on two of the most central constitutional issues: balance of power and enforcement of constitutional rights, rules and principles. The approach of the course is comparative, and not limited to a single constitutional system. Rather, the course will study the issues, outlined below, by discussing examples from different jurisdictions, with some emphasis on European systems such as the European Union and the Council of Europe. 

Balance of Power includes both vertical (actors on different constitutional levels) and horizontal perspectives (actors on the same constitutional level). Both perspectives can be applied both within and beyond a nation state. Constitutional Enforcement concerns the issue of moving from paper to reality, i.e. the legal protection of constitutional rights by courts and other authorities. The position and power of the courts as a guardian of constitutional rights is a central aspect of constitutional enforcement, including issues such as judicial independence, judicial review, and constitutional interpretation. 

Expected learning outcomes

At the end of the course the students shall: 

- exhibit advanced understanding and knowledge of key constitutional issues related to balance of power and constitutional enforcement,

- exhibit understanding of the relationship between different constitutional issues and concepts, with emphasis on issues of balance of power and constitutional enforcement, as well as insight into current research in the field, 

- exhibit an ability to independently identify and assess complex constitutional issues, with emphasis on issues of balance of power and constitutional enforcement, and be able to integrate knowledge and to analyse, assess and handle complex phenomena, questions, and situations in the field of constitutional law,

- exhibit an ability, orally as well as in writing, to evaluate and argue for solutions to constitutional problems, with emphasis on issues of balance of power and constitutional enforcement, from different perspectives. 

Required Knowledge

A minimum of 120 university credits in law. Basic eligibility in English for university studies.
 

Form of instruction

The instruction is in the form of lectures and seminars. Active participation at the seminars is mandatory. The students are expected to prepare for the seminars according to specific instructions. The teacher responsible for the course may grant dispensations. 

The language of the course including its literature and examination is English. 

A student who has been accepted and registered for the course has the right to teaching and guidance only during the term/academic year when he/she was accepted and registered. 

Examination modes

Examination takes place through fulfilment of two parts, including the compulsary course elements specified in component 1 below, and the final, take-home exam specified in component 2 below. 

Component 1
Active participation during compulsory seminars. 

Component 2
Fulfilment of an individual, written, take-home exam.

Grades

A passing grade on the activities under components 1-2 above are required to receive a passing grade for the course as a whole. For component 1 the grades Fail (U) or Pass (G) can be awarded. For the written, take-home exam the grades awarded are Fail (U), Pass (G) or Pass with distinction (VG). 

On the entire course the grades awarded are Fail (U), Pass (G) and Pass with distinction (VG). The grade for the course as a whole is based on the result of the written, take-home exam and awarded after the completion of all compulsory course elements. 

The appointed examiner may decide to use other forms of examination if required by particular circumstances. A student who has not received a passing grade on a test will be afforded an opportunity for re-examination. A student who has passed examination may not be re-examined. A student who has taken two tests for a course or segment of a course, without passing, has the right to have another examiner appointed, unless special reasons exist. A written request for change of examiner is submitted to the Director of Undergraduate Education. 

Exceptions from the mode of examination stated in the curriculum may be made for students who have a valid decision about pedagogical support on account of a functional impairment or disability. Individual adaptation of the mode of examination will be considered based on the needs of the student. The mode of examination will be adapted within the framework of the expected learning outcomes. Following the request of the student, the course coordinator will expediently and in consultation with the examining teacher, decide on adapted modes of examination. The student will then be notified about the decision. 

Students who have participated in but failed a test, including essays, seminars, written and oral assignments et cetera, have the right to do a make-up assignment in order to reach the grade Pass (but not higher grades). The student may still achieve a higher grade than Pass on the course overall, if all requirements for the grade in question are fulfilled. The make-up assignment must be completed no later than two months after the student learned of the failed grade and using the same form of examination. 

Other regulations

Students have the right to apply to have a previous education or experience evaluated for transfer of credits.