Rule of Law, Constitutionalism and Fundamental Principles, 15 Credits

Contents

The course describes, analyses, and critically discusses key concepts and issues necessary to understand constitutional law as a national and international legal phenomenon, as well as the rule of law as a principle in relation to the exercise of public power. The course addresses inter alia, historical phases of constitutional development, fundamental principles of constitutional law, and the relationship between constitutionalism and democracy, as well as current and emerging challenges to constitutionalism and the rule of law. The course approaches the issues from primarily a European perspective of multi-layer constitutionalism, using recent legal developments and scholarly debate as a point of departure for further analysis.

Expected learning outcomes

At the end of the course the students shall:
- exhibit advanced and in-depth knowledge about central issues and concepts relating to constitutionalism and the rule of law,
 
- exhibit an understanding of the relationship between different constitutional and rule of law issues and concepts, as well as insights into current research and developments within the area,

- exhibit an understanding of the connection between constitutional and rule of law principles and other societal values, such as sustainable development, democracy, and equality,
 
- exhibit an ability to independently identify and evaluate complex constitutional and rule of law issues, integrating knowledge, and analyse, assess, and manage complex legal phenomena, questions, and situations within the constitutional field of law,

- exhibit the ability to independently identify and formulate relevant questions of law, and to plan and with suitable methods execute qualified tasks to answer those questions within the provided timeframes, 

- exhibit an ability to both orally and in writing clearly account for and discuss findings and present the knowledge and arguments underpinning those findings in dialogue with different groups, 

- exhibit the ability to identify their need for further knowledge and take responsibility for their own learning. 

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. Presence at the seminars is mandatory. The students are expected to prepare assignments for the seminars and be active participants in the seminars. 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 fulfillment of two parts, partly the compulsory course elements specified in component 1 below, partly writing a final written assignment as specified in component 2 below.
 
Component 1
- Active participation during compulsory seminars and fulfillment of any written assignments belonging to those seminars.

Component 2
- Fulfillment of an individual written assignment.
 
Grades
A passing grade on the activities under components 1-2 above is required to receive a passing grade for the course as a whole. For components 1 and 2 the grades Fail (U) or Pass (G) can be awarded. 
 
On the entire course, the grades given 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 assignment (component 2) 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.