JUR5560 – International Constitutional Law and Democracy
Course description
Schedule, syllabus and examination date
Course content
New course code starting from the fallsemester 2011 - please see the website for JUS5560 – International Constitutional Law and Democracy (discontinued) (the course now gives 10 credits).
The increasing Europeanization and internationalization of law have resulted in increasingly international processes of legislation. This is also occurring on areas which previously have been considered to be primarily of internal interest for the nation states and their legislative institutions. Several and very comprehensive treaties have been made into national legislation or have given supranational organizations the competence to legislate with direct internal effect. Parts of the EC/EU treaties are supranational in character. Several treaties have also established courts or other conflict-resolution mechanisms which have contributed significantly to the increased efficiency of the implementation of international law. The meaning of the concepts of sovereignty and democracy relating to the constitutions of the nation-states are thus distinctly influenced. The same would be true for the status of the democratic legitimacy of law.
Questions are thus raised and discussed about the relations between the nation-states and the various international and European treaties and conflict-resolving mechanisms within a constitutional framework and regarding the demands for a democratic legitimacy of law. It is suggested in international constitutional theory that instead of a dichotomy between national and international law we are now increasingly seeing forms of combination, overlapping and interdependence between several constitutional levels of law.
This course seeks to present and to discuss these questions. Particular emphasis is put on a presentation and discussion of the constitutional character of the EU/EC treaties. The EEA treaty will also be presented. This is partly because these treaties presently are the most comprehensive international treaties seen from the point of view of the nation-states and their regulatory traditions, but also partly because there is a rich legal literature here. There will also be contributions discussing how the evolution of an increasing europeanization and internationalization has influenced the legal concepts of sovereignty, democracy and nation-state, and more comprehensively the concepts and the discourse of constitutions and constitutionality.
The concept of citizenship will be discussed within the new and more international constitutional framework. The evolution of a more international and European orientation of the European nation-states will be put into a historical perspective in one contribution. There will also be articles discussing normative aspects of this evolution and how it should be described legally, institutionally and normatively. The course will thus have its profile within a law-in-context tradition attempting to describe the evolution of new legal processes and structures in the constitutional area in a combined legal, institutional and normative way.
Learning outcome
The course is designed to give the students a deeper insight into the current changes of international and European law in the direction of forming more comprehensive regimes, applying supranational legal forms, applying international courts and thus also of attaining the qualities of constitutional legal systems. The course will also give an introduction to the theories of democracy which are relevant to the new constitutional levels.
Admission
Students who are admitted to study programmes at UiO must each semester register which courses and exams they wish to sign up for in Studentweb.
If you are not already enrolled as a student at UiO, please see our information about admission requirements and procedures.
You may register for this course if you have admission to a Master of Law-programme at UiO, the faculty's exchange-programme or have admission to Law-electives at masters-level. All applicants must fill the formal prerequisites.
International applicants, if you are not already enrolled as a student at UiO, please see our information about admission requirements and procedures for international applicants
Prerequisites
Formal prerequisite knowledge
- Admission to the faculty’s exchange-programme or
- Active study-right for a study programme, masters-level at the University of Oslo or
- Norwegian Masters of Laws degree or equivalent or
- Passed forth year, 96 – Cand. Jur programme (or exams that are equivalent) or
- Passed JUR3000, Masters of Laws programme at the University of Oslo (or exams that are equivalent).
Recommended previous knowledge
Three years of law studies.
Overlapping courses
- 15 credits overlap with VALINTCOLD – International Constitutional Law and Democracy (discontinued)
- 15 credits overlap with JUXINTCOLD – International Constitutional Law and Democracy (discontinued)
- 15 credits overlap with JUTINTCOLD – International Constitutional Law and Democracy (discontinued)
- 15 credits overlap with PILINTCOLD – International Constitutional Law and Democracy (discontinued)
- 10 credits overlap with JUR1560 – International Constitutional Law and Democracy (BA) (discontinued)
Teaching
Lectures/seminars.
Examination
4 hour written examination.
Examination support material
Auxiliary materials allowed during examinations for courses taught in English.
Language of examination
Students may answer the examination question in English, Norwegian, Swedish or Danish pursuant
to Regulations governing studies and examinations at the University of Oslo. (§ 5.4 Forskrift om studier og eksamener ved Universitetet i Oslo)
Grading scale
Grades are awarded on a scale from A to F, where A is the best grade and F is a fail. Read more about the grading system.
Explanations and appeals
Resit an examination
- Illness at exams / postponed exams
- Resitting an examination.
- There are special rules for resitting a passed examination in the master's programme in Law.
Withdrawal from an examination
It is possible to take this exam up to 3 times. If you withdraw from the exam after the deadline or during the exam, this will be counted as an examination attempt.
There are special rules for resitting a passed examination in the master's programme in Law.
Special examination arrangements
Application form, deadline and requirements for special examination arrangements.
Please se Detailed regulations for the Faculty of Law, Chapter 3 regarding application, responsibilities and special measures.
Evaluation
The course is subject to continuous evaluation. At regular intervals we also ask students to participate in a more comprehensive evaluation.
Other
This subject is taught at Master 's level. The subject is also taught at Bachelor's level (15 ECTS credits), see JUR1560 – International Constitutional Law and Democracy (BA) (discontinued). Please see the chapter above, regarding overlap. For instances of overlap, credits will be deducted on the subject at Bachelors's level.