JUR211 Rule of Law

The course is connected to the following study programs

• Bachelor's Programme in Law

Teaching language

English

Recommended prerequisites

90 ECTS Law courses

Course contents

The Constitution is the basis both for the Norwegian legal system and for Norwegian participation in binding international cooperation (§§ 1, 26, 115). The Constitution deals with the competence of the state powers and the relationship between them. It sets the legal framework for Norwegian democracy, while at the same time requiring democratic power to take place within a legal framework and limited by human rights, enshrined in the Constitution's "rights catalogue". Through the Human Rights Act of 1999, the European Convention on Human Rights (ECHR) and four UN conventions on human rights have been made Into Norwegian law with precedence over other legislation. These conventions affect not only the interpretation of Norwegian law in many areas of law, but also parallel rights in the Norwegian Constitution. Through the EEA Agreement, which makes Norway part of the EU's internal market, more than 10,000 EU legal acts have been incorporated into Norwegian law. In other words, EEA law is very extensive, and it has an impact on most areas of law. The EEA Agreement both affects and challenges the Constitution's premise that the Storting is the legislator, that the government is the executive power and that the Supreme Court judges in the final analysis.

Norwegian law is developed not only by Norwegian democratic institutions, but also through dynamic interaction between Norwegian institutions and various international enforcement bodies and international courts such as the European Court of Human Rights (ECHR), the European Court of Justice and the EFTA Court. Today, Norwegian law is intertwined with a number of agreements under international law with different legal status, legislative techniques, legal sources and methods of interpretation. This complexity creates particular methodological challenges for current and future lawyers.

Based on the rule of law and human rights, the course addresses selected institutional, methodological and substantive aspects of Norwegian constitutional law and various forms of international law (in particular ECHR and EU/EEA law). The purpose of the course The Rule of Law is to enable students to deal with the complex relationship between the Constitution, law and various instruments of international law that are particularly important for Norwegian law. The EEA Agreement and the ECHR are in a unique position because these two agreements have a broader and deeper impact on Norwegian law and society than any other agreements under international law Norway have entered into.

Learning outcomes

After completing this course, the student should be able to explain

• the dynamic interaction between state powers, and between national and international law, and how this affects the design, interpretation and enforcement of law;
• the status and scope of human rights in Norwegian law, including the relationship between the Constitution and international human rights instruments, in particular the ECHR
• the various sources of law in state law, international law, ECHR, EU and EEA law, and be able to use these to solve legal issues in a methodologically conscious manner

In addition, students should have a good understanding of the principles for interpreting the Constitution, international law, ECHR, EU and EEA law, and be able to apply these to solve specific interpretation issues.

The student should also be able to discuss theoretical and practical legal issues in both written and oral form within the following subject areas:

• The basic Norwegian legal rules concerning the state and the central powers as enshrined in the Constitution and constitutional practice, including their competence and tasks and the relationship between the state powers
• International law as a special legal system, the rules of international law on relations between states, on international organizations, in particular the United Nations and on the requirements of international law for its effect in national law. Furthermore, on norm formation in international law, and specific rules of international law on, among other things, state territory and jurisdiction, international law's rules on the use of force
• The international legal basis for EU and EEA cooperation, the competences and tasks of the key EU and EEA institutions, the main features of the regulation of the internal market, EU and EEA law's requirements for effect in national law, including how this affects the organisation and processing of Norwegian administrative law, as well as Norwegian substantive administrative law
• The national and international protection of human rights and the relationship between them, national and international mechanisms for the repair of human rights violations, including the European Court of Human Rights' supervision of states' respect for and safeguarding of human rights, and the Supreme Court's review of laws' compliance with the Constitution and international human rights conventions

Examination requirements

A minimum of 75% participation in compulsory work requirements will be required. This includes participation in group work, writing and commenting on responses as well as participation in large groups. In addition, there will be a larger compulsory assignment that must be approved and an oral presentation in a large group before you can take the exam.

Students who have not had the compulsory work requirements approved cannot take the exam and must retake the entire course. Further information will be published in Canvas at the start of the semester.

Teaching methods

The course facilitates interaction between self-study, lectures, work and large groups. Students will be divided into groups of about 10 people. The group work will consist of theoretical and practical issues related to the course. Ten to twelve assignments and comments on assignments in the course will be required.

• A minimum of 75% participation in the mandatory work requirements is required. This includes participation in group work, writing and commenting on responses as well as participation in large groups. In addition, a mandatory assignment must be approved.
• Students who do not meet the work requirement and/or have not passed the compulsory assignment cannot take the exam and must retake the entire course. Students must use Canvas, which is the university's learning support system. The course has an expected workload of around 810 hours.

Evaluation

The course coordinator, in consultation with the student representative, determines the form of evaluation and whether the courses should have a mid-term or final evaluation, cf. chapter 4.1 of the quality system. Information about the form of evaluation for the course will be published in Canvas.

Admission for external candidates

No

Offered as Single Standing Module

No

Assessment methods and criteria

School exam that takes place over two days. Every day amounts to 6 hours. An overall letter grade is given. If a student is sick one of the days, the entire exam (both exam days) must be retaken.

Reduction of Credits

This course’s contents overlap with the following courses. A reduction of credits will occur if one of these courses is taken in addition:

Course	Reduction of Credits
JUR210 – The Rule of Law	30