Balance of Power and Constitutional Enforcement (Juristprogrammet) 15 credits

About the course

The course focuses on two of the most central constitutional issues: balance of power and enforcement of constitutional rights, rules and principles. The approach of the course is comparative, and not limited to a single constitutional system. Rather, the course will study the issues, outlined below, by discussing examples from different jurisdictions, with some emphasis on European systems such as the European Union and the Council of Europe. 

Balance of Power includes both vertical (actors on different constitutional levels) and horizontal perspectives (actors on the same constitutional level). Both perspectives can be applied both within and beyond a nation state. Constitutional Enforcement concerns the issue of moving from paper to reality, i.e. the legal protection of constitutional rights by courts and other authorities. The position and power of the courts as a guardian of constitutional rights is a central aspect of constitutional enforcement, including issues such as judicial independence, judicial review, and constitutional interpretation.