Comparative Constitutional Law, 7.5 credits

Aims and objectives

General aims for first cycle education

First-cycle courses and study programmes shall develop:

• the ability of students to make independent and critical assessments
• the ability of students to identify, formulate and solve problems autonomously, and
• the preparedness of students to deal with changes in working life.

In addition to knowledge and skills in their field of study, students shall develop the ability to:

• gather and interpret information at a scholarly level
• stay abreast of the development of knowledge, and
• communicate their knowledge to others, including those who lack specialist knowledge in the field.

(Higher Education Act, Chapter 1, Section 8)

Course objectives

Knowledge and understanding
At the completion of the sub-course the students should be able to:

• define and account for basic constitutional concepts and principles, and
• define and account for fundamental rights and freedoms from a comparative perspective.

Skills and abilities
At the completion of the sub-course the students should be able to:

• analyse the differences between various models within the Western legal tradition, and
• analyse legal questions from a historical perspective.

Judgement and approach
At the completion of the sub-course the students should be able to:

• discuss how basic constitutional principles relate to the broader legal culture.

Main content of the course

The course aims to create an understanding of basic constitutional concepts and principles (such as the rule of law and separation of powers), which are discussed from a comparative perspective. A few selected fundamental rights and freedoms are discussed in more depth. During the course the students analyze the most important differences between different constitutional models in the Western legal tradition, such as for example forms of government and models of judicial review, as well as the relation of these to the broader legal culture.

Teaching methods

Teaching is conducted in the form of lectures, seminars and group exercises. Before seminars, group exercises or the like, students are expected to be well prepared - individually and, where appropriate, in groups - to participate actively. Classes are in English.

Students who have been admitted to and registered on a course have the right to receive tuition and/or supervision for the duration of the time period specified for the particular course to which they were accepted (see, the university's admission regulations (in Swedish)). After that, the right to receive tuition and/or supervision expires.

Examination methods

Seminar (Code: A001)
Participation in seminars.

Written Submission, 1.5 credits (Code: A002)
Examination by a written assignment.
If a student does not reach the passing grade, but is considered to be able to reach it with a limited effort, the examiner may instruct the student to submit a completed written assignment. The completion shall be done within five days from when the student is assigned the instruction.

Examination, 6 credits (Code: A003)
Written exam.

For students with a documented disability, the university may approve applications for adapted or other forms of examinations.

For further information, see the university's local examination regulations (in Swedish).

Comments on examination methods

Examinations in which the student does not participate, examinations where completion is not possible or examinations where the student fails can be re-examined if the conditions for re-examination exist. Otherwise, the student is referred to the next occasion when the course is given.

Grades

According to the Higher Education Ordinance, Chapter 6, Section 18, a grade is to be awarded on the completion of a course, unless otherwise prescribed by the university. The university may prescribe which grading system shall apply. The grade is to be determined by a teacher specifically appointed by the university (an examiner).

In accordance with university regulations regarding grading systems for first and second-cycle courses (Vice-Chancellor’s decision ORU 2018/00929), one of the following grades shall be used: Fail (U), Pass (G) or Pass with Distinction (VG). For courses that are included in an international Master’s programme (60 or 120 credits) or offered to the university’s incoming exchange students, the grading scale of A-F shall be used. The vice-chancellor, or a person appointed by the vice-chancellor, may decide on exceptions from this provision for a specific course, if there are special grounds.

Grades used on course are Fail (U), Pass (G) or Pass with Distinction (VG).

Seminar
Grades used are Participated (DT).

Written Submission
Grades used are Fail (U) or Pass (G).

Examination
Grades used are Fail (U), Pass (G) or Pass with Distinction (VG).

For further information, see the university's local examination regulations (in Swedish).

Comments on grades

To obtain a final grade on the course, all examinations are to be completed successfully. The course grade will be based on the grade obtained for the Examination (A003).

Specific entry requirements

Basic Course in Law, 30 ECTS credits or 6 credit points from Rättsvetenskaplig introduktionskurs (for programme students only).

For further information, see the university's admission regulations (in Swedish).

Transfer of credits for previous studies

Students who have previously completed higher education or other activities are, in accordance with the Higher Education Ordinance, entitled to have these credited towards the current programme, providing that the previous studies or activities meet certain criteria.

For further information, see the university's local credit transfer regulations (in Swedish).

Other provisions

The course is included in the Legal science programme with international approach.
The course is taught in English.

Reading list and other teaching materials

Required Reading

Rosenfeld, Michel and Sajo, Andras (eds.),
Oxford Handbook of Comparative Constitutional Law
Oxford University Press, senaste upplaga (available online through the University Library)

Grote, Rainer, Lachenmann, Frauke and Wolfrum, Rudiger (eds.)
Max Planck Encyclopedia of Comparative Constitutional Law
Oxford University Press (online source)

Additions and Comments on the Reading List

Always the latest edition of the books on the reading list are used.

Additional materials of maximum 200 pages, such as articles, may also be part of the required reading.