Course description
For a decription of the elements and contents of this course (JUTINTRO), please look at this page; http://www.uio.no/studier/emner/jus/jus/JUTINTRO/
Achievement requirements
Legal History
A good knowledge of the following topics are required:
- Law and legislation of high Middle Ages
- The significance of Roman law in Norwegian legal history
- The rulemaking and the constitutional role of the courts in 19th Cent.
- Main features of the Scandinavian Legal Realism
- The history of the legal profession in Norway
Sources of Law
A good knowledge of the following topics are required:
- The structure of the legal system and of the sources of law
- Legislation and other written legal norms
- Interpretation of statutes
- The role of "unwritten law"
- The role of precedent and og the legal literature
Constitutional Law
A good knowledge of the following topics are required:
- The structure and main contents of the Constitution
- The Constitution as a legal and a political instrument
- Main lines of the system of government
- Constitutional aspects of Norway’s attitude towards European integration
- The system of judicial review of legislation
- "Rights" and "Declarations" in the protection of human rights, illustrated through the provision regarding the Sami minority
- Constitutional protection of the freedom of expression, information etc.
Reading list
Part1: Sources of Law [ca. 100 pages]
Johs Andenæs: Introduction to the Study of Law [Innføring i rettsstudiet]Institutt for offentlig retts skriftserie nr. 3/2000:
Part 2:Legal history [ca. 186 pages]
Dag Michalsen: Law, Legal Science and the Norwegian Society. Institutt for offentlig retts skriftserie nr. 2/1998, chapters 1-5 [144 pages]
Part 3: Constitutional Law [146 pages]
The Constitution of Norway (English translation, updated as far as possible http://www.stortinget.no/english/constitution.html
Bound copies of the below mentioned articles are available in a Compendium in the bookshop.
Ingeborg Wilberg and Mads T. Andenæs: The Constitution of Norway. A Commentary (1987) pp.9-25,47-55,63-66, 87-90, 107-109, 117-120, 128-129, 137-139 [ca. 46 pages]
Eivind Smith: “Constitutional Cultures: The Constitution between Politics and Law” in Eivind Smith (ed.): The Constitution as an Instrument of Change (SNS Förlag, Stockholm 2003) pp. 21-51 [30 pages]
Eivind Smith: “Courts and Parliament: The Norwegian System of Judicial Review of Legislation” in: Eivind Smith (ed.): The Constitution as an Instrument of Change (SNS Förlag, Stockholm 2003) pp. 171-187 [16 pages]
Eivind Smith: European Integration and the Constitution of Norway, in: Ewa Poplawska (ed.): The National Constitutions and European Integration (Warsaw, 1995: Wydawnictwo Naukowe SCHOLAR) pp. 12-23 [10 pages]
Eivind Smith: Constitutional Protection of Minorities: The Rights and Protection of the Sami Population in Norway. In: Scandinavian Studies in Law, Vol. 34-1990 (Stockholm) p. 235-259 [24 pages]
Excerpts from “There shall be freedom of expression” Proposed new Article 100 of the Norwegian Constitution. Report of commission appointed by Royal Decree on 26 August 1996, Ministry of Justice and the Police 2005 [20 pages]
Bound copies of the above mentioned chapters and articles are available for purchase at the book store Gnist Akademika.
Supplementary Reading
Vilhelm Aubert: Continuity and Development in Law and Society (1989) ch. 17-18 (on the history of the legal profession in Norway) [ca. 50 pages]