JJUB55179U Jean Monnet Course: EU Law in Political Context: How Populism Threatens Rule of Law & Democracy
This course is part of the activities organised by Jean Monnet Chair in EU Law & Politics and, hence, is co-funded by the Erasmus+ Programme of the European Union.
Populism has become one of the most prevalent and contentious phenomena in contemporary legal and political debates. In this regard, populist leaders, political parties and social movements attracted the attention of policy-makers and scholars across the world when they started affecting not only authoritarian and democratic regimes in South-America, but also in European and North-American democracies (e.g. Germany, France, Spain, UK, US, Hungary, Poland, Italy, Czech Republic, among others). Populism, due to its specific nature and its core-features – such as anti-elitism, anti-pluralism, popular sovereignty – poses a major challenge to existing national and international political and legal systems by contesting the foundations of representative democracy and the values of liberal constitutionalism.
This course enables students to critically discuss populism: What it is and what its consequences are for the rule of law, democracy and European integration. By combining different disciplines and knowledge, students will develop a deep understanding of the dynamics that shape the relations between populism, constitutionalism, democracy, and European and international organizations. Accordingly, the course will expose students to current approaches and theories on populism to provide an analytical framework that enables them to address important questions such as: How should we conceptualize Populism? What are its constitutional, legal and political foundations? Is there one true 'populism' or a variety of distinct 'populisms'? Does populism inevitably threaten the rule of law in the European Union and its constitutive democracies, or do other factors abate its impact? Why do populists oppose international law and transnational organizations, like the EU? How do populist leaders, compared to other democratic leaders, react to the current global and European crises like migration, climate change, and disease pandemics? how can political and legal institutions and civil society organizations respond to populist threats?
Students will have the unique opportunity to discuss these questions with key experts across Danish and European politics, legal practice and academia, under the auspices of the Jean Monnet Chair in EU Law & Politics. Tentative guest speakers include:
- Marlene Wind, University of Copenhagen.
- Mikael Rask Madsen, University of Copenhagen.
- Mikael Sjogren, President of the Danish Association of Judges.
- Lykke Friis, Director of Think Tank Europa.
- Paul Blokker, University of Bologna.
- Pola Cebulak, University of Amsterdam.
- Pablo Castillo-Ortiz, University of Sheffield.
- Laurence Helfer, Duke University.
- Karen Alter, Northwestern University.
- Dan Kelemen, Rutgers University.
- Laurent Pech, Middlesex University.
- Cassandra V. Emmons, Princeton University.
The course is divided into two parts. The first part introduces students to relevant theoretical approaches and concepts for studying populism, along with its legal and political foundations. These sessions provide students with the analytical tools to follow and critically contribute to discussions of populism leveraging political-legal perspectives. The second part addresses whether populism threatens the rule of law and democracy in Europe through a series of guest speakers, who will illuminate that question through their own experience, case studies and policy analyses.
The course complements' students legal training in comparative constitutional law, European and international law, and legal institutions with the most recent developments in the study of populism from the disciplines of law and political science, by offering new insights about how populist actors affect the functioning of democratic states, legal systems and international organizations like the European Union. This knowledge creates synergies with other social sciences perspectives (e.g. history, anthropology, sociology, etc.) available in the Faculty of Law or any other Faculty at the University of Copenhagen.
Finally, the course will combine traditional didactical methods (lectures and case-law studies) with innovative interdisciplinary and research-based techniques, such as in-class usage of role playing games, experimental methods and simulations; digital learning through online lectures and group discussions, as well as research-based techniques (e.g. peer-feedback, presentations, writing of research and policy papers and blogposts).
This course is part of iCourts Excellence Programme (iEP) – International Law and Courts in a Global World, see 'Remarks' below.” (under “content”)
This course will contribute to the students’ competence profile in the following terms.
A) In terms of knowledge, they will be learn and understand the phenomenon of Populism and its legal and political implications.
B) Within this framework, the students in terms of skills will be able:
- To apply this knowledge and analyze concepts and theories to account for the relationship between populism and national and intentional law and politics;
- To identify the central issues and challenges in the debate of populism.
- To articulate and develop coherent debates and arguments on the topic;
- To work independently with different forms of academic reasoning and collaborate with other peers in the development of these capabilities and skills in the framework of groups’ presentations, essays and discussions.
C) Finally, based upon this knowledge and skills, the student will analyze, contrast and evaluate the definitions, causes of populism and its effect on Rule of Law and Democracy. As a result, the student will be able:
- To critically reflect upon the concept of populism as a legal-political phenomenon and to evaluate the role and impact on legal and democratic rules and on European and international organizations.
- To develop students’ competencies to analyze populism from an interdisciplinary perspective.
- To enable the student to carry out independent research on the topic of populism.
- To improve students’ understanding of the interaction of populism with legal and political systems, affecting their skills to engage in national and international academic, policy and public debates on the topic.
- Students enrolled at Faculty of Law: Self Service at KUnet
- Professionals: Single subject application form (tuition fee apply)
- 7,5 ECTS
- Type of assessment
- Written assignmentIndividual written assignment
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
Hand-in date: October 23, 2020
Hand-in date: January 27, 2021