2443.16 - New Westnordic Constitutional Law
New Westnordic Constitutional Law
Bachelor degree or equivalent with adequate component of law or political science
The course shall in a multi-disciplinary way explore the dynamic changes of the new constitutionalism particularly as applied to West-Nordic countries with emphasis on constitutional review, developed rights and quasi-federal structures.
The global phenomenon of judicialization of law and politics is explained giving an insight into the creeping constitutional revolution that is led by the European Courts, overruling the previous deference to legislative supremacy. The three states, Norway, Denmark, and Iceland and the two sub-sovereign dependencies Greenland and the Faroe islands share a common legal heritage due to the history, politics, and academics. However, for the last half century significant but creeping changes have occurred where the West-Nordic countries have become part of federal structures and revolutionising understandings of rights and balance of power. This calls for a change in the way constitutionalism and human rights are researched and discussed. In particular focus will be the impact on the West-Nordic countries and newer rights and restrictions on power such as proportionality and clean environment.
Learning and teaching approaches
34 hours, organised as lectures and potential exercises in addition to potential student presentations.
The students shall: • gain an insight into constitutionalism and constitutions seen from various disciplinary perspectives; • gain an insight into changes related to home rules, the EU, the ECHR and other quasi-federal arrangements; • achieve a particular understanding of the expected impact of constitutional review and new constitutionalism; • learn to analyse dynamic developments in law and government; • learn to compare judgements from different courts and appreciate the cultural differences, preconditions and perceptions; • learn to demonstrate the difference between various understandings of constitutions and federations; • appreciate the interplay between law, government and politics; • describe and analyse constitutional rights with special focus on their development in stages (generations) and importance; • communicate convincingly and professionally as well as eloquently these skills and understandings
Internal examiners. Oral exam that shall be answered in English, Swedish, Danish or Norwegian
Kári á Rógvi: West-Nordic Constitutional Judicial Review. Cases and materials, that will be available on Firstclass before