Comparative Constitutional Law, 7.5 credits

Learning outcomes

Knowledge and understanding

At the completion of the course the students should be able to:

• define and account for basic constitutional concepts and principles, including fundamental rights and freedoms, from a comparative perspective,
• identify and account for the differences and similarities between various constitutional systems and models within the Western legal tradition.

Skills and abilities

At the completion of the course the students should be able to:

• analyse the differences and similarities between various constitutional systems and models within the Western legal tradition,
• independently analyse a topical issue from a constitutional and comparative perspective, identifying and discussing the relevant constitutional concepts and principles.

Judgement and approach

At the completion of the course the students should be able to:

• discuss constitutional questions in relation to the broader legal culture and history of modern constitutional systems.

Content

The course aims to foster an understanding of fundamental constitutional concepts and principles (such as, for example, the rule of law, separation of powers, and democracy), which are explored from a comparative perspective. A few selected fundamental rights and freedoms are discussed more extensively. Throughout the course, students analyze the most important differences among various constitutional models within the Western legal tradition, along with their historical development. Moreover, during the course, the impact of digitalization on constitutional law will be examined from a comparative perspective.

Examinations and grades

Oral Communication (Code: A004)
Grades used are Participated (DT).

Legal Analysis, 1.5 credits (Code: A005)
Grades used are Fail (U) or Pass (G).

Comparative Constitutional Law, 6 credits (Code: A006)
Grades used are Fail (F), Sufficient (E), Satisfactory (D), Good (C), Very Good (B) or Excellent (A).

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 determine which grading system is to be used. The grade must be determined by a teacher specifically nominated by the university (the examiner).

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

The grades used on this course are Fail (F), Sufficient (E), Satisfactory (D), Good (C), Very Good (B) or Excellent (A).

Comments on grades

In order to obtain a passing final course grade on the entire course, the grades required are Participated (DT) for the examination Oral Communication (A004), Pass (G) for the examination Legal Analysis (A005) and the minimum grade Sufficient (E) for the examination Comparative Constitutional Law (A006). The final course grade will be based on the grade obtained for the examination Comparative Constitutional Law (A006). The grades of the examination forms given to U - G grading scale is not included in the weighing of the final course grade.

Modes of assessment

Oral Communication (Code: A004)
Continuous examination.

Legal Analysis, 1.5 credits (Code: A005)
Written assignment.
If a student does not reach the passing grade on the written assignment, 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 working days from when the student is assigned the instruction.

Comparative Constitutional Law, 6 credits (Code: A006)
Written examination.

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

For further information, see the university's local examination regulations.

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.

Other provisions

The course is held 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.

Reading list and other learning resources

Required Reading

Rosenfeld, Michel and Sajo, Andras (eds.),
Oxford Handbook of Comparative Constitutional Law
Oxford University Press.

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

Additions and Comments on the Reading List

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

Additional materials of approximately 200 pages, such as articles and case-law, may also be part of the required reading.

Some of the literature may be available online. Check the university library and other libraries.