Comparative Public Law (2237) |
| Credits: 6,0 | | Study load hours: 162 | Period: semester 2 (6sp)  |
| Language of instruction: English | | Exam contract: not possible |
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Advising sequentiality bound on the level of programme components
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Following programme components are advised to also be included in your study programme up till now.
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Constitutional Law (3843)
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6.0 stptn | |
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Students can explain basic concepts of public law in English, on the basis of prior knowledge obtained during their studies.
Students can express themselves sufficiently clearly in English (but there is no expectation of flawless command of the English language).
Students can engage in respectful debate with fellow students and the teaching team concerning optimal solutions to legal problems.
Students can conduct legal research on an independent basis; in particular, students can identify and process relevant primary (law and case law) and secondary (literature) sources on a chosen topic of public law.
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This course aims to provide students with advanced knowledge of and critical insight into the substance and methodology of comparative public law. The course covers the multiple interactions between public law and power. On the one hand, public law aims to manage or control the exercise of state power. Throughout the course, students thus gain insight into the abilities and limitations of public law in responding to, in particular, arbitrary use of state power. On the other hand, in this course public law is also viewed as itself being a source of power that can be used (or abused) by the state to influence or even radically alter society.
A variety of topical issues and central concepts or mechanisms of public law are studied. The precise topics can vary per academic year. All topics are examined from a comparative public law perspective, with a focus on foreign jurisdictions (that is, countries other than Belgium). Where relevant, in light of the multilayered nature of public law, elements of international and supranational law are introduced as well. City walks or other learning activities may be organized during the tutorials and lectures.
Throughout the course, students learn how to:
- Correctly interpret foreign legal sources, in particular case law and academic literature.
- Conduct descriptive functional comparisons by identifying relevant similarities and differences between countries in their approach to similar problems in public law.
- Identify contextual elements that may explain differences between jurisdictions.
- Critically discuss the benefits and drawbacks of diverging approaches to a central problem in public law, as adopted in different jurisdictions.
- Adopt a personal position on open-ended legal problems and defend that position with cogent legal arguments during class debates.
By focusing on these learning outcomes, this course aims to contribute to the (continuing) development of students’ legal skills, including their analytical, debating, research, presentation and argumentation skills.
During the course, each student undertakes an individual research project in comparative public law. Under the guidance of the teaching team and through a system of peer feedback, each student writes an individual paper in which she/they/he compares the approach adopted in at least two jurisdictions to a central problem in public law. Students are free, within certain limits set by the teaching team, to choose the topic and countries they wish to study. Students write a paper of 3,000-5,000 words and present the findings of their research to each other and to the teaching team during the final tutorial.
The principal textbook for this course is Comparative Public Law by Ragone and Smorto (Oxford University Press), which is available for purchase at the campus bookstore.
In addition, reading materials and preparatory questions for each lecture and tutorial will be uploaded to Blackboard at least one week in advance. These materials include selected chapters from The European Union, Emerging Global Business and Human Rights by Nissen (Cambridge University Press). Students are not required to purchase this book, as all assigned chapters will be made available through Blackboard.
Students are expected to prepare for both lectures and tutorials by carefully reviewing the assigned readings and completing the accompanying preparatory questions. These questions are designed to support students' understanding of the materials and to facilitate informed participation in class discussions.
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| Compulsory textbooks (bookshop) |
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Course Book 1:
Comparative Public Law, Ragone S. and Smorto G., 2023, Oxford University Press.
ISBN: 9780192893390 |
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| Compulsory course material |
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Students will be assigned readings on a weekly basis. Course materials will be made available via Blackboard approximately one week before each lecture and tutorial.
The assigned materials will also include selected chapters from The European Union, Emerging Global Business and Human Rights (Cambridge University Press). Students are not required to purchase this textbook, as all relevant chapters will be provided through Blackboard. |
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Lecture ✔
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Tutorial group ✔
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Discussion/debate ✔
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Paper ✔
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Presentation ✔
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Semester 2 (6,00sp)
| Evaluation method | |
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| Written evaluation during teaching period | 40 % |
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| Transfer of partial marks within the academic year | Yes, with condition |
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| Conditions transfer of partial marks within the academic year | The student retains their mark, on the condition that they have received
a passing mark. |
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| Oral evaluation during teaching period | 20 % |
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| Transfer of partial marks within the academic year | Yes, with condition |
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| Conditions transfer of partial marks within the academic year | The student retains their mark, on the condition that they have received
a passing mark. |
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| Oral exam | 40 % |
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| Transfer of partial marks within the academic year | Yes, with condition |
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| Conditions transfer of partial marks within the academic year | The student retains their mark, on the condition that they have received
a passing mark. |
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| Additional information | In consultation with the Education Management Team and the Student Administration, the lecturer determines the schedule and the examination format for a possible catch-up exam. The examination format may deviate from the examination format used during the regular examination period. The schedule and examination format will be communicated to the student after the request for a catch-up exam has been approved. |
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Second examination period
| Evaluation second examination opportunity different from first examination opprt | |
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| Explanation (English) | Students who do not receive a passing grade, overall, are subject to the
following second chance evaluation conditions.
Students who did not receive a passing grade for the paper (written
paper + oral presentation) are required to submit a new version of the
paper by a date indicated by the coordinating lecturer.
Students who did not receive a passing grade for the oral exam are
required to do a resit oral exam. |
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Learning outcomes | EC = learning outcomes DC = partial outcomes BC = evaluation criteria |
Master of Laws
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- EC
| EC02 - A graduate of the Master of Laws programme has specialised academic knowledge of and insight into the doctrines and systematics of those branches of law relevant to the elective subjects in the master’s programme, including from a European and comparative law perspective. They are able to apply that knowledge and those insights, including from a European and comparative law perspective. (academic, specifically legal, skills and knowledge) | - EC
| EC03 - A graduate of the Master of Laws programme has insight into the recent societal developments and the academic research in the sector. (academic, specifically legal, skills and knowledge) | - EC
| EC06 - A graduate of the Master of Laws programme is able to critically and independently use, consult and select various Dutch, English and French (digital) legal sources. (general academic research competences) | - EC
| EC07 - A graduate of the Master of Laws programme is able to analyse, process and make responsible use of legislation, case law, legal doctrine and other legal sources. (general academic research competences) | - EC
| EC08 - A graduate of the Master of Laws programme is able to independently conduct research at an academic level (with a junior academic researcher as benchmark), to critically reflect upon the research and to report on it. (general academic research competences) | - EC
| EC11 - A graduate of the Master of Laws programme is able to adequately communicate and present their own ideas, positions and solutions in various contexts, both orally or in writing, using the Dutch, English and French (legal) language. (general competency) | - EC
| EC15 - A graduate of the Master of Laws programme demonstrates a critical attitude, and is able to gain overview of a variety of legal positions, to assess them critically and to arrive at one's own, substantiated legal opinion. (general competency) | - EC
| EC17 - A graduate of the Master of Laws programme is able to plan, to evaluate, and where necessary, to adjust their own approach and learning processes in an independent manner. (general competency) |
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| Included in these programmes | Tolerance3 |
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Y
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2nd year Master of Laws: Government and Law
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Y
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choice master for corporate (UH)
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Y
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choice master for private (UH)
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Y
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Exchange Programme Laws
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Y
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1 Education, Examination and Legal Position Regulations art.12.2, section 2. |
| 2 Education, Examination and Legal Position Regulations art.15.1, section 3. |
3 Education, Examination and Legal Position Regulations art.16.9, section 2.
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