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| Udgave: |
Jura Kandidatuddannelsen 2012/2013 |
| ECTS points: |
10 ECTS |
| Punkter: |
10 ECTS |
Semester: |
Autumn |
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| Uddannelsesdel: |
Kandidat niveau |
| Kontaktpersoner: |
Fagansvarlig: Professor Hjalte Rasmussen |
| Andre undervisere: |
NN |
| Undervisnings- periode: |
Every thursday 13-15 and tuesday 10-12 in even-numbered weeks
1. day: Thursday 6. september 2012 |
| Formål: |
The course deals with a conspicuous contemporary constitutional ambiguity. This is the modern-day trend to that European, national and international judiciaries arrogate for themselves law- and policymaking functions which in our Western type societies were considered to be the primogeniture of democratically elected and responsible legislative assemblies (parliaments). In this process, constitutional, supreme and courts of all other competences and ranks, although to varying degrees, all claim lawmaking leadership. The course focuses on the pros and cons of that henceforth the elected representatives of the peoples will in the 21st Century no longer make all the laws because courts will both apply and make them. This dilemma is often referred to as a juridification and judicialization of societies and their political processes and the politicization of the judicial processes. By engaging its participants in identifying and circumscribing these problems and their causes and to analyze and suggest how to come to grips with them, the course will enhance its participants’ ability to navigate safely in tomorrow’s more complex work-environments. |
| Indhold: |
Drawing on materials about the EU-court, the EHR-court, US, UK, German, Swedish, Israelian, Norwegian, Danish and possibly Australian and Canadian courts the course confronts what seems to be two unshakable certainties. Namely (1) that the emancipation of courts and increase of judicial power seem unstoppable; and (2) that the prevailing aptitude of many judiciaries’ personal, organizational and procedural resources seem sub-optimal to cope with role-changes which add making the laws to but applying them – which actualizes questions about judicial legitimacy to rule. Based on the study of literature and judgments the course enables the students to fine tune in common the tools necessary to tackle, analyze and understand the changes and their consequences for societies and their institutions which could be, say, the Danish courts and parliament. To illustrate, one problem the course will deal with is that judges’ are unelected officials whose professional training and career background arguably are not fitting them to operate politically sensitive choices between competing policies. Which are the implications and what can be done about it? Another, that while voters punish poor or illegal parliamentary performance on next election-day who will be guarding the guardsmen? And by which remedies can poor or power-transgressing judicial law- and policymaking possibly be sanctioned? |
| Kompetence- beskrivelse: |
Identify and analyze theoretical and practical problems pertaining to judicial law- and policymaking Seek out the roots and origins of contemporary constitutional reallocations of powers and functions and identify inherent institutional and competence-complexities.
Identify the constitutional and political perspectives associable with the rise of judicial and decline of parliamentary power and competencies.Lay bare the varying degrees of success and failure among the studied legal and political jurisdictions.
Expose analytical capacity to contextualize legal and political reasoning and possibly to apply them cross-jurisdictionally in an endeavour to formulate an ideal vision for future constitutional re-organizations of judicial and parliamentary power sharing.
Develop critical attitudes and apply them to one or more concrete judicial activisms e.g. that of the US Supreme court and the EU-court. Central is students’ ability to invent legal-political arguments and to apply them to the studied judiciary-cases. |
| Faglige forudsætninger: |
A solid operational knowledge of English is required to allow class debate |
| Eksamensform: |
Written with supervision, 4 hours |
| Eksamen: |
17. - 21. December 2012 (preliminary dates) |
| Kursus hjemmeside: |
 |
| Pensum: |
Approximately 500 pages bound together in a textbook; plus selected case-laws.
Additional reading material will be available online in Absalon. |
| Undervisnings- sprog: |
Kun engelsk
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| Sidst redigeret: |
15/8-2012 |