| Language of instruction : English |
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Sequentiality
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No sequentiality
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| Degree programme | | Study hours | Credits | P4 SBU | P4 SP | 2nd Chance Exam1 | Tolerance2 | Final grade3 | |
 | 2nd year Master of Laws: Government and Law | Compulsory | 162 | 6,0 | 162 | 6,0 | Yes | Yes | Numerical |  |
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| | | Learning outcomes |
- EC
| A graduate of the Master of Laws programme has developed the following general competence: is able adequately to communicate and present his own ideas, views and solutions in various contexts, either orally or in written form, and is able to present in (legal) English and French. | - EC
| A graduate of the Master of Laws programme has developed the following general competence: is able to plan and evaluate his own approach and learning processes in an independent manner. | - EC
| A graduate of the Master of Laws programme has developed the following general competence: demonstrates a positive attitude towards lifelong learning. | - EC
| A graduate of the Master of Laws programme has developed the following general competence: has a questioning outlook and is able to gain overview of a variety of legal positions, to assess them critically and whence to arrive at one's own, substantiated legal point of view. | - EC
| A graduate of the Master of Laws programme has developed the following general competence: is able to identify, among the complexity of a problem, those factual and legal issues which are of relevance and subsequently to suggest one or more adequate solutions, to support these with legal arguments, and to operationalise the solution which was eventually chosen. | - EC
| The graduate of the Master of Laws programme has developed the following general academic research competences: is able to make critical and independent use of various (digital) sources within the legal domain, in Dutch, French and English. | - EC
| The graduate of the Master of Laws programme has developed the following general academic research competences: is able to analyse, interpret and make responsible use of Statute, case-law, scholarship and other legal sources. | - EC
| The graduate of the Master of Laws programme has developed the following general academic research competences: is able to research at an academic level (with a junior academic researcher as benchmark), critically to assess such research and to report on it. | - EC
| A graduate of the Master of Laws programme possesses the following academic (specifically legal) skills and knowledge. He has specialised academic knowledge of and an understanding of the concepts and structure of those branches of law relevant to the major subject chosen, European and comparative perspectives included. He is able to apply that knowledge and those insights, including from a European and comparative perspectives. | - EC
| A graduate of the Master of Laws programme possesses the following academic, in casu: legal, knowledge: understands the recent societal developments and the academic research in the sector. |
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| | EC = learning outcomes DC = partial outcomes BC = evaluation criteria |
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Law and Power is an advanced course in comparative public law. The course aims to provide students with advanced knowledge on and critical insight into both 'traditional' principles and recent themes in comparative public law. Throughout the course, students critically analyse and debate a wide range of public law issues. These issues are examined from a comparative perspective, with a particular focus on – but not limited to – continental European and North-American legal systems. In past academic years, lectures and tutorials have focused on secession, proportionality analysis, popular sovereignty and constitutional referenda, constitutional review, climate change litigation, and constitutional resilience against democratic erosion. Themes can vary from year to year, in response to new developments in comparative public law.
The course name ‘Law and Power’ was chosen to highlight that the themes discussed throughout the course all concern the interaction between public law and power. On the one hand, public law aims to manage or control different manifestations of power. Throughout the course, students gain insight into both the capacity and limits of public law to respond to, in particular, arbitrary use of public power (eg. constitutional review; proportionality; parliamentary and presidential systems of government). On the other hand, in this course public law is also interrogated as itself a source of power that can be (ab)used by governments to influence or even radically alter the societies they govern (eg. democratic erosion; secession; religion and the constitution).
Lectures are designed to be interactive. Students are encouraged to critically engage with and debate the reading materials, which consist of prominent academic scholarship and leading judgments. At the same time, the coordinating lecturer aims to structure the materials and provide students with relevant context to allow them to gain a deeper understanding of the theme of the lecture. Students also receive a list of questions to help them process the reading materials.
In tutorials, the focus shifts to more practical legal problems and concrete assignments, to support students in the continuing development of their legal skills, including debating, presentation, persuasion, legal research and argumentation skills.
Throughout the course, students complete two main assignments. First, they write a case note on a leading judgment. Students receive feedback from the teaching team before submitting the final version of the case note. Second, students write a research paper on a theme in comprative public law. Students can choose their own theme and jurisdictions for the research paper and will receive feedback on their choice of theme and jurisdictions by the research theme. During the course, students also receive peer feedback on their draft research papers before submitting the final version.
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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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Period 4 Credits 6,00
| Evaluation method | |
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| Written evaluaton during teaching periode | 50 % |
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| Transfer of partial marks within the academic year | ✔ |
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| Conditions transfer of partial marks within the academic year | The student retains their marks, 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 | ✔ |
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| Conditions transfer of partial marks within the academic year | The student retains their marks, on the condition that they have received a passing mark. |
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| Oral exam | 30 % |
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| Transfer of partial marks within the academic year | ✔ |
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| Conditions transfer of partial marks within the academic year | The student retains their marks, on the condition that they have received a passing mark. |
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| Evaluation conditions (participation and/or pass) | ✔ |
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| Conditions | 1. Complete assignment: case note
2. Complete assignment: comparative research paper |
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| Consequences | Participation in oral exam. |
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| Additional information | In consultation with the Programme Board 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 for permanent evaluation are required to submit a new written version of the case note and/or the comparative research paper before a date indicated by the course coordinator (this date will be situated in the exam period second chance).
Students who do not receive a passing grade for periodic evaluation are required to do a resit oral exam. |
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| Prerequisites |
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The student has sufficient command of the English language (level B2 or higher).
The student has sufficient prior knowledge of public law (at least Bachelor level) to contribute to debates on issues of comparative public law.
The student is able to independently locate the necessary sources to solve complex and open-ended legal problems. |
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| Compulsory course material |
| |
This course does not use a handbook or printed syllabus. Instead, students are assigned readings on a weekly basis, consisting of a combination of judgments and scholarly publications. The course materials are made available on Blackboard +/- one week prior to each lecture/tutorial. |
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|
|
|
| Exchange Programme Laws | Optional | 162 | 6,0 | 162 | 6,0 | Yes | Yes | Numerical | |
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| |
|
|
Law and Power is an advanced course in comparative public law. The course aims to provide students with advanced knowledge on and critical insight into both 'traditional' principles and recent themes in comparative public law. Throughout the course, students critically analyse and debate a wide range of public law issues. These issues are examined from a comparative perspective, with a particular focus on – but not limited to – continental European and North-American legal systems. In past academic years, lectures and tutorials have focused on secession, proportionality analysis, popular sovereignty and constitutional referenda, constitutional review, climate change litigation, and constitutional resilience against democratic erosion. Themes can vary from year to year, in response to new developments in comparative public law.
The course name ‘Law and Power’ was chosen to highlight that the themes discussed throughout the course all concern the interaction between public law and power. On the one hand, public law aims to manage or control different manifestations of power. Throughout the course, students gain insight into both the capacity and limits of public law to respond to, in particular, arbitrary use of public power (eg. constitutional review; proportionality; parliamentary and presidential systems of government). On the other hand, in this course public law is also interrogated as itself a source of power that can be (ab)used by governments to influence or even radically alter the societies they govern (eg. democratic erosion; secession; religion and the constitution).
Lectures are designed to be interactive. Students are encouraged to critically engage with and debate the reading materials, which consist of prominent academic scholarship and leading judgments. At the same time, the coordinating lecturer aims to structure the materials and provide students with relevant context to allow them to gain a deeper understanding of the theme of the lecture. Students also receive a list of questions to help them process the reading materials.
In tutorials, the focus shifts to more practical legal problems and concrete assignments, to support students in the continuing development of their legal skills, including debating, presentation, persuasion, legal research and argumentation skills.
Throughout the course, students complete two main assignments. First, they write a case note on a leading judgment. Students receive feedback from the teaching team before submitting the final version of the case note. Second, students write a research paper on a theme in comprative public law. Students can choose their own theme and jurisdictions for the research paper and will receive feedback on their choice of theme and jurisdictions by the research theme. During the course, students also receive peer feedback on their draft research papers before submitting the final version.
|
|
|
|
|
|
|
|
|
Lecture ✔
|
|
|
|
Tutorial group ✔
|
|
|
|
|
|
|
|
Discussion/debate ✔
|
|
|
|
Paper ✔
|
|
|
|
Presentation ✔
|
|
|
|
Period 4 Credits 6,00
| Evaluation method | |
|
| Written evaluaton during teaching periode | 50 % |
|
| Transfer of partial marks within the academic year | ✔ |
|
| Conditions transfer of partial marks within the academic year | The student retains their marks, on the condition that they have received a passing mark. |
|
|
|
|
|
|
|
|
| Oral evaluation during teaching period | 20 % |
|
| Transfer of partial marks within the academic year | ✔ |
|
| Conditions transfer of partial marks within the academic year | The student retains their marks, on the condition that they have received a passing mark. |
|
|
|
|
|
|
|
|
| Oral exam | 30 % |
|
| Transfer of partial marks within the academic year | ✔ |
|
| Conditions transfer of partial marks within the academic year | The student retains their marks, on the condition that they have received a passing mark. |
|
|
|
|
|
|
|
|
| Evaluation conditions (participation and/or pass) | ✔ |
|
| Conditions | 1. Complete assignment: case note
2. Complete assignment: comparative research paper |
|
|
|
| Consequences | Participation in oral exam. |
|
|
|
| Additional information | In consultation with the Programme Board 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. |
|
Second examination period
| Evaluation second examination opportunity different from first examination opprt | |
|
| Explanation (English) | Students who do not receive a passing grade for permanent evaluation are required to submit a new written version of the case note and/or the comparative research paper before a date indicated by the course coordinator (this date will be situated in the exam period second chance).
Students who do not receive a passing grade for periodic evaluation are required to do a resit oral exam. |
|
|
|
|
|
| Prerequisites |
| |
The student has sufficient command of the English language (level B2 or higher).
The student has sufficient prior knowledge of public law (at least Bachelor level) to contribute to debates on issues of comparative public law.
The student is able to independently locate the necessary sources to solve complex and open-ended legal problems. |
|
|
| Compulsory course material |
| |
This course does not use a handbook or printed syllabus. Instead, students are assigned readings on a weekly basis, consisting of a combination of judgments and scholarly publications. The course materials are made available on Blackboard +/- one week prior to each lecture/tutorial. |
|
|
|
|
|
| choice master for corporate (UH) | Optional | 162 | 6,0 | 162 | 6,0 | Yes | Yes | Numerical | |
| choice master for private (UH) | Optional | 162 | 6,0 | 162 | 6,0 | Yes | Yes | Numerical | |
|
| | | Learning outcomes |
- EC
| A graduate of the Master of Laws programme has developed the following general competence: is able to identify the various stakeholders and their specific interests in a complex problem and to integrate those in his own reasoning and approach. | | | - DC
| Students can, on the basis of a lecture on decisions from different countries, demonstrate which interests are important in which country. They will discuss this during a tutorial meeting. | - EC
| A graduate of the Master of Laws programme has developed the following general competence: recognizes ethical and societal aspects within a legal context, is able critically to reflect upon these and to have ethical considerations inform his opinions, taking account of his responsibilities as a lawyer. | | | - DC
| Students understand the differences and similarities between the systems as they read several decisions from different countries and subsequently place them against the legal and social background of the examined countries. | - EC
| A graduate of the Master of Laws programme has developed the following general competence: is able adequately to communicate and present his own ideas, views and solutions in various contexts, either orally or in written form, and is able to present in (legal) English and French. | | | - DC
| Students compare jointly read decisions and orally present (both during the tutorial sessions as well as during the oral examination) the similarities and the differences in English. | - EC
| A graduate of the Master of Laws programme has developed the following general competence: is able to plan and evaluate his own approach and learning processes in an independent manner. | | | - DC
| Students understand, based on the lectures and assigned materials, the different systems and can link the read materials to each of these systems. | - EC
| A graduate of the Master of Laws programme has developed the following general competence: demonstrates a positive attitude towards lifelong learning. | | | - DC
| Students determine the interaction and relationship between different systems and demonstrate, during the tutorial sessions, how this influence occurs. | - EC
| A graduate of the Master of Laws programme has developed the following general competence: has a questioning outlook and is able to gain overview of a variety of legal positions, to assess them critically and whence to arrive at one's own, substantiated legal point of view. | | | - DC
| Students understand the different systems, on the basis of provided information, and can therefore link the various decisions and texts to corresponding systems. By means of mutual discussion an understanding and analysis of different systems arises and leads to a legally supported conclusion. | - EC
| A graduate of the Master of Laws programme has developed the following general competence: is able to identify, among the complexity of a problem, those factual and legal issues which are of relevance and subsequently to suggest one or more adequate solutions, to support these with legal arguments, and to operationalise the solution which was eventually chosen. | | | - DC
| Students understand that there are several possible solutions in different countries and understand how they can employ different solutions within the specificities of each system. | - EC
| The graduate of the Master of Laws programme has developed the following general academic research competences: is able to make critical and independent use of various (digital) sources within the legal domain, in Dutch, French and English. | | | - DC
| Students apply the given materials independently in English and French. They do not have to search for the materials on their own, if they originate from a different legal system. | - EC
| The graduate of the Master of Laws programme has developed the following general academic research competences: is able to analyse, interpret and make responsible use of Statute, case-law, scholarship and other legal sources. | | | - DC
| Students analyse the relativity of the Belgian law in comparison to the law in other countries. They interpret our laws from a different perspective and analyse the strengths and weaknesses. | - EC
| A graduate of the Master of Laws programme possesses the following academic (specifically legal) skills and knowledge. He has specialised academic knowledge of and an understanding of the concepts and structure of those branches of law relevant to the major subject chosen, European and comparative perspectives included. He is able to apply that knowledge and those insights, including from a European and comparative perspectives. | | | - DC
| Students understand the specificity of the Belgian public law on the basis of foreign texts, which helps them to comprehend better the uniqueness of the Belgian public law. | - EC
| A graduate of the Master of Laws programme possesses the following academic, in casu: legal, knowledge: He understands the continuous interaction between national, supranational and international law. | | | - DC
| Students independently analyse the application of EU rules in distinct Member States in preparation for and during the tutorial sessions. | - EC
| A graduate of the Master of Laws programme possesses the following academic, in casu: legal, knowledge: He understands the challenge of harmonisation of the law, especially within a European context. | | | - DC
| Students understand the uniform application of EU law in several countries on the basis of studying and discussing primary sources. | - EC
| A graduate of the Master of Laws programme possesses the following academic, in casu: legal, knowledge: understands the recent societal developments and the academic research in the sector. | | | - DC
| Students are aware of the most recent developments because during each tutorial session the recent research contributions from several countries are being discussed. |
|
| | EC = learning outcomes DC = partial outcomes BC = evaluation criteria |
|
|
Law and Power is an advanced course in comparative public law. The course aims to provide students with advanced knowledge on and critical insight into both 'traditional' principles and recent themes in comparative public law. Throughout the course, students critically analyse and debate a wide range of public law issues. These issues are examined from a comparative perspective, with a particular focus on – but not limited to – continental European and North-American legal systems. In past academic years, lectures and tutorials have focused on secession, proportionality analysis, substantive equality, the regulation of online content moderation, constitutional review, climate change litigation, and constitutional resilience against democratic erosion. Themes vary slightly from year to year, in response to new developments in comparative public law.
The course is called ‘Law and Power’, since the relationship between public law and power is what brings the various themes of the course together. On the one hand, public law is an instrument to manage, control or transform different manifestations of power. These include arbitrary exercise of public power by governments (eg. constitutional review; COVID-19 measures) as well as problematic private power structures in society (eg. substantive equality; online content moderation). Throughout the course, students gain insight into both the capacity and limits of public law to respond to exercises of public and private power. At the same time, public law is also interrogated as itself a source of power that can be (ab)used to perpetuate or shape power relations in society (eg. democratic erosion; secession).
Lectures are designed to be interactive. Students are encouraged to critically engage with and debate the reading materials, which consist of prominent academic scholarship and leading judgments. At the same time, the coordinating lecturer aims to structure the materials and provide students with relevant context to allow them to gain a deeper understanding of the theme of the lecture. Students also receive a list of questions to help them process the reading materials.
In tutorials, the focus shifts to more practical legal problems and concrete assignments, to support students in the continuing development of their legal skills, including debating, presentation, persuasion, legal research and argumentation skills. Throughout the course, students write an individual case note on a leading judgment and a research paper on a theme in comprative public law. Students can choose their own theme for the research paper and receive feedback on their choice by the research theme. During the course, students also give each other peer feedback on their draft research papers and receive feedback from the teaching team on their draft case note. This allows students to improve the quality of both assignments before submitting the final versions.
|
|
|
|
|
|
|
|
|
Lecture ✔
|
|
|
|
Tutorial group ✔
|
|
|
|
|
|
|
|
Discussion/debate ✔
|
|
|
|
Paper ✔
|
|
|
|
Presentation ✔
|
|
|
|
Period 4 Credits 6,00
| Evaluation method | |
|
| Written evaluaton during teaching periode | 50 % |
|
| Transfer of partial marks within the academic year | ✔ |
|
| Conditions transfer of partial marks within the academic year | The student retains their marks, on the condition that they have received a passing mark. |
|
|
|
|
|
|
|
|
| Oral evaluation during teaching period | 20 % |
|
| Transfer of partial marks within the academic year | ✔ |
|
| Conditions transfer of partial marks within the academic year | The student retains their marks, on the condition that they have received a passing mark. |
|
|
|
|
|
|
|
|
| Oral exam | 30 % |
|
| Transfer of partial marks within the academic year | ✔ |
|
| Conditions transfer of partial marks within the academic year | The student retains their marks, on the condition that they have received a passing mark. |
|
|
|
|
|
|
|
|
| Evaluation conditions (participation and/or pass) | ✔ |
|
| Conditions | 1. Complete assignment: case note
2. Complete assignment: comparative research paper |
|
|
|
| Consequences | Participation in oral exam. |
|
|
|
| Additional information | In consultation with the Programme Board 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. |
|
Second examination period
| Evaluation second examination opportunity different from first examination opprt | |
|
| Explanation (English) | Students who do not receive a passing grade for permanent evaluation are required to submit a new written version of the case note and/or the comparative research paper before a date indicated by the course coordinator (this date will be situated in the exam period second chance).
Students who do not receive a passing grade for periodic evaluation are required to do a resit oral exam. |
|
|
|
|
|
| Prerequisites |
| |
The student has sufficient command of the English language (level B2 or higher).
The student has sufficient prior knowledge of public law (at least Bachelor level) to contribute to debates on issues of comparative public law.
The student is able to independently locate the necessary sources to solve complex and open-ended legal problems. |
|
|
| Compulsory course material |
| |
This course does not use a handbook or printed syllabus. Instead, students are assigned readings on a weekly basis, consisting of a combination of judgments and scholarly publications. The course materials are made available on Blackboard +/- one week prior to each lecture/tutorial. |
|
|
|
|
|
1 examination regulations art.1.3, section 4. |
| 2 examination regulations art.4.7, section 2. |
3 examination regulations art.2.2, section 3.
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| Legend |
| SBU : course load | SP : ECTS | N : Dutch | E : English |
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