JUS5903 – Supreme Courts, Politics and Rule of Law in Europe: Past, Present and Future

Course content

Democracy and rule of law are two main pillars in the modern western state model. This state model has its origin in Europe in the middle of the 12th century, when ideas and structures concerning rule of law were developed. Ideas and structures concerning democracy were chiefly developed from the 18th century onwards. The relation between rule of law and democracy has since then been regularly debated, with the Supreme Court’s making of precedent and review of legislation as ever returning themes. The transnationalization of law has caused a shift of focus and of activity from the legislator to the judiciary, and more specific from Parliament to Supreme Court. By studying the history of European Supreme Court models, their role in politics and rule of law today, the analysis might  –  with acknowledged uncertainty – also be used to predict the future development of the relationship between democracy and rule of law, and the role of Supreme Courts in this development.      

Learning outcome

  1. To acquire knowledge and perspectives on and skills to analyse the historical development of different European Supreme Court models up to the fall of the Berlin Wall in 1989, and their role in the shaping of the rule of law and in the political system.
  2. To use the historical knowledge and perspectives to analyse the development of Supreme Courts and the rule of law in Europe after 1989, with an emphasis on the relationship between the national judiciary and the national political system, and between the national judiciary and various supranational political bodies and courts of law.

Admission

You may register for this course if you have admission to a Master’s programme at UiO or the faculty's exchange programme. You can also register for this course if you do not have admission to any programme at UiO, but meet the formal prerequistites.

All students are required meet the formal prerequistites.

Have you met the formal prerequisites at another institution than the University of Oslo, and the results are not formally registered at UiO, you must apply for admission to courses at Master’s level . Students with admission to Master’s degree programmes at other faculties than The Faculty of Law must also apply for admission.

When your admission is in order you must register for courses in StudentWeb

Prerequisites

Formal prerequisite knowledge

Students must fill one of these requirements:

  • Passed 1st - 3rd year of the 5-years degree Master of Laws (Master i rettsvitenskap at UiO) (or exams that qualify for exemption for these) or
  • Hold a 5-years Master’s degree in Laws (Master i rettsvitenskap at UiO) or equivalent.

Exemptions from the formal prerequisites will be given to students with admission to the faculty's own exchange or master’s degree programmes. This rule does not apply to students with admission to other master’s degree programmes at the University of Oslo, unless otherwise agreed.

Recommended previous knowledge

Three years of law studies.

Teaching

Lectures.

Language of teaching for this course is English. This means that all communication during lectures/seminars will be in English, and all literature and auxiliary materials are in English.

Examination

Home-exam, paper with a maximum of 5000 words, papers with text exceeding the word limit will not be sent to grading.

Use of sources and rules for citing.

Be sure that you are familiar with the use of sources and the rules for citing/quoting from others work .
UiO uses a plagiarism checking tool as one of several instruments for detecting suspicion of cheating and attempted cheating.

Language of examination

The examination text is given in English, and you submit your response in English.

Grading scale

Grades are awarded on a scale from A to F, where A is the best grade and F is a fail. Read more about the grading system.

Explanations and appeals

Resit an examination

Withdrawal from an examination

It is possible to take this exam up to 3 times. If you withdraw from the exam after the deadline or during the exam, this will be counted as an examination attempt.

There are special rules for resitting a passed examination in the master's programme in Law.

Special examination arrangements

Application form, deadline and requirements for special examination arrangements.

Evaluation

The course is subject to continuous evaluation. At regular intervals we also ask students to participate in a more comprehensive evaluation.

Other

The language for this course is English. Students enrolled in the Masterprogrammet i rettsvitenskap must pass one English subject as part of their degree, this course will meet these obligations.

Facts about this course

Credits

10

Level

Master

Teaching

Autumn 2022

Autumn 2020

Examination

Autumn 2022

Autumn 2020

Teaching language

Norwegian