Constitutionalism and the European Union LAW4174

  • Academic Session: 2023-24
  • School: School of Law
  • Credits: 20
  • Level: Level 4 (SCQF level 10)
  • Typically Offered: Semester 1
  • Available to Visiting Students: Yes

Short Description

This course will introduce students to various debates and disputes regarding the constitutional nature of the European Union, and the ways in which constitutionalism in the Member States and in the EU continue to mutually shape, influence, and irritate each other. Particular attention will be paid to the impact of democratic backsliding and the "rule of law crisis" on the EU.

Timetable

There will be 10 x 2-hour seminars spread throughout semester 1.

Requirements of Entry

This course is only available to LLB students.

Excluded Courses

none

Co-requisites

None

Assessment

Coursework consists of one 4000-word essay.

Are reassessment opportunities available for all summative assessments? Not applicable for Honours courses

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

Course Aims

The aim of this course is to introduce students to the EU as an example of constitutionalism beyond the state, and to enable them to discuss the prospects and limitations of the EU's constitutional nature, especially in the face of 'democratic backsliding' in its Member States.

Intended Learning Outcomes of Course

By the end of this course students will be able to:

 

1. Explain how the idea of constitutionalism has gained traction in a non-state environment like the EU and debate the suitability of constitutional vocabulary to describe the evolution of the EU,

2. Critically appraise the ways in which constitutional diversity and constitutional pluralism both constitute and constrain the authority of the European Union,

3. Critically discuss the impact of EU membership on national understandings of constitutionalism,

4. Explain the impact of democratic backsliding and the "rule of law crisis" on EU constitutionalism, and critically appraise the potential and limits of EU influence on constitutional developments in the Member States.

Minimum Requirement for Award of Credits

Completion of the summative assignment.