JUR 3540 Constitutional Law and Human Rights
JUR 3540 Constitutional Law and Human Rights
This course covers, firstly, the legal rules governing the Norwegian State's three branches of government (the legislative, executive, and judicial powers) and, secondly, the fundamental legal rules concerning the relationship between public authorities on one side and the population on the other. Constitutional law is lex superior in the Norwegian legal system; other legal rules are derived from them and must be construed within its framework. The rules are primarily anchored in the Norwegian Constitution.
The course aims to provide solid knowledge of the important main lines in the institutional part of constitutional law (the basis and limits of the competencies of the three branches of government) and its human rights part (the population's fundamental claims vis-à-vis public authorities).
Knowledge of constitutional law is important for several reasons. Insight into the fundamental norms of democracy, the separation of powers, sovereignty, the rule of law, and human rights is necessary to understand how the Norwegian governmental apparatus functions and the core values on which public governance and regulation are based. Knowledge is also a prerequisite for ensuring that public authorities exercise their power over the population in a lawful and legitimate manner.
The course is linked to, and should be seen in connection with, courses in General Administrative Law, EU/EEA Law, and Sustainability Regulation.
The student should have acquired:
- Good knowledge of a selection of central legal rules in the two main parts of constitutional law, particularly directed towards business and state governance and regulation
- Good knowledge of the particular legal methodological questions that arise in the area
- Good knowledge of the fundamental values from which constitutional law rules originate
The student should be able to:
- Identify whether an issue is regulated by constitutional rules and how they apply in that case
- Apply the recognized legal method in the field
- Perform independent assessments of constitutional issues with a view to clarifying fundamental questions about the limits of public power use, and be able to convey the reasoning to others
- Understand how, through the use of constitutional rules, one can ensure that respect and development of the rules are upheld
The student should have developed:
- Awareness of some of the most important rules of the game for Norwegian society and why they are so fundamental
- The ability to independently and critically approach constitutional issues
- Good insight into how Norwegian constitutional law is structured and what it encompasses
The course covers the following topics:
- The distinct nature of constitutional law compared to other legal norms.
- Fundamental constitutional values such as democracy, separation of powers, sovereignty, legality, the rule of law, and human rights—and how various constitutional rules reflect and express these values.
- The legal basis for and legal limits on the competence of the legislative, executive, and judicial branches
- Central rules on the interaction between the three branches of government, including the Storting's role as legislator, constitutional drafter, and budget authority, the government's prerogatives, and the roles of the courts as supervisors of the Storting and the government and as rule producers.
- Main content of some of the Constitution's human rights (with emphasis on freedom of expression, property rights, fair trial, the requirement of legality, the right to privacy, and the equality requirement) and the relationship to human rights not directly part of the written Constitution.
- The legal and political consequences of violations of constitutional rules.
The course is conducted by using varied learning activities in a combination of traditional lectures, problem-solving, group work, various digital learning activities, and self-study. The primary focus of organized teaching is on lectures and group work. One objective is to train students to solve specific constitutional issues that arise in contemporary Norwegian society.
Topics covered in lectures are further elaborated and examined in smaller working groups of 20-25 students. The work within these groups is led by subject matter experts and may consist of a combination of practical problem-solving, discussion, oral presentations, reflection, and reviewing proposed solutions. Materials used in the working groups may cover topics across courses in the current semester.
In parts of the program within the organized working groups, students are divided into study groups of 4-5 students. The work in these study groups should develop the ability to solve relevant issues and discuss methodological questions with fellow students. Strong encouragement is given for study group work outside organized teaching activities as well.
For optimal learning outcomes, students are expected to participate actively in all learning activities, including working groups and study groups.
Lovdata Pro and other relevant databases for legal source searches will be used in all learning activities.
Higher Education Entrance Qualification
Disclaimer
Deviations in teaching and exams may occur if external conditions or unforeseen events call for this.
The students must have completed the first year of the law program.
| Mandatory coursework | Courseworks given | Courseworks required | Comment coursework |
|---|---|---|---|
| Voluntary | The students have the opportunity to submit one written assignment in response to a given task. The submission is voluntary, but it is strongly encouraged to take advantage of the opportunity. |
| Assessments |
|---|
Exam category: School Exam Form of assessment: Written School Exam - digital Exam/hand-in semester: First Semester Weight: 100 Grouping: Individual Support materials:
Duration: 5 Hour(s) Exam code: JUR 35401 Grading scale: ECTS Resit: Examination every semester |
| Activity | Duration | Comment |
|---|---|---|
Teaching | 26 Hour(s) | |
Seminar groups | 5 Hour(s) | |
Digital resources | 9 Hour(s) | |
Prepare for teaching | 65 Hour(s) | |
Group work / Assignments | 40 Hour(s) | |
Submission(s) | 30 Hour(s) | |
Student's own work with learning resources | 20 Hour(s) | |
Examination | 5 Hour(s) |
A course of 1 ECTS credit corresponds to a workload of 26-30 hours. Therefore a course of 7,5 ECTS credit corresponds to a workload of at least 200 hours.