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Constitutionalism in the European Union - LAWS8156
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Excluded: JURD7456
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

The European Union represents a peculiar type of polity. It is not a nation-state and not a federation as well as not an international organisation. The European integration process went outside the economic dimension and now it is possible to identify a clear distinctive body of constitutional law and public law of the European Union. Recent work of the European Convention prepared the draft of the constitutional treaty at present in the process of ratification. The aim of the course is to cover in depth the functional constitutionalism of the European Union Also its public law and external relations will be analysed and discussed.


LLM Specialisation

European Union Law

Recommended Prior Knowledge

None

Course Objectives

The aim of the course is to explain the complicated institutional structure of the European Union which has grown since 1952 into a polity of 25 states with a population of over 450 million people. The course will explain the constitution-making that is currently taking place in the EU. There will be focus on constitutional issues but with reference to political science and European and American history. The course aims to show how the distinctive features of the polity that characterise the member states could be gradually transplanted to the level of the Union.

Main Topics

  • The EU institutions: Three Pillars; EU institutions and their competences; difference in level of integration: A Europe 'a la Carte'
  • European 'Body Politic' and identity: The EU: a political entity or a state?; the EU in search of democracy; nation-state and EU
  • European public space and public opinion: Is there EU public space?; European identity in historical perspective; European identity now and in the future
  • European Constitutionalism: Accountable government; rule of law; good governance; open government
  • Making constitution for Europe: Constitution making in the EU; competences and procedures in the draft constitution; the institutions' democratic legitimacy
  • Form of government for Europe: Forms in historical and comparative perspective; pure or mixed form; bicameralism and political parties; a democratic form of government for the EU; strong parliamentary system; commission's accountability; constructing accountability for the Council of Ministers; what the role for the European Council?

Assessment

Class presentation 20%
Class participation Preparation and engagement in class 10%
Research essay 5,000 words 70%
 

Course Texts

Prescribed
Refer to reading materials provided.

Recommended
Refer to reading materials provided.

Resources

Refer to reading materials provided.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.