Judiciarisation of political and social systems

Duration

30h Th

Number of credits

Lecturer

Geoffrey Grandjean

Language(s) of instruction

French language

Organisation and examination

Teaching in the first semester, review in January

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

One of the characteristics of the 21st century is the "excessive legalisation" of society. This notion relates to the extension of the power of courts of law, which are required to deal with a growing number of political and social problems. If this is the case, would "excessive legalisation" be likely to call into question the traditional foundations of our Western approach to democracy? Would this not ultimately lead to the transformation of judges into "producers of standards"?
Based on two books Les juges: décideurs politiques? and Pouvoir politique et audace des juges, the course proposes a learnig in three steps. Firstly, the political power of judges and the phenomenon of excessive legalisation are defined. Secondly the three major political functions of judges (the production of standards, the arbitration of moral values and the stability of the political system) are identified. Thirdly, the legitimacy of the political power of judges is put into question.

Learning outcomes of the learning unit

By the end of this course, students should be able to:
- define the phenomenon of excessive legalisation; - contextualise and understand the growing place of judges in political and social systems; - identify and analyse the political functions of judges based on the reading of numerous court decisions; - cast a critical look at the place of judges in political and social systems.

Prerequisite knowledge and skills

Prerequisites include knowledge of the Belgian and European institutional systems.

Planned learning activities and teaching methods

Learning activities and teaching methods are as follows:
- Lectures; - One or two talks given by a guest speaker; - Reading and presentations of court decisions by the students (see the Casebook).

Mode of delivery (face-to-face ; distance-learning)

Face-to-face.

Recommended or required readings

Compulsory readings :
Grandjean Geoffrey, Pouvoir politique et audace des juges. Approche européenne et comparée, Bruxelles, Bruylant, 2018, 335 p.
Grandjean Geoffrey et Wildemeersch Jonathan (dir.), Les juges : décideurs politiques ? Essais sur le pouvoir politique des juges dans l'exercice de leur fonction, Bruxelles, Bruylant, 2016, 371 p.
Grandjean Geoffrey, Judiciarisation des systèmes politiques et sociaux. Recueil d'arrêts. 2e édition revue et augmentée, Presses Universitaires de Liège, 2018-2019, 817 p., disponible à l'adresse suivante : http://hdl.handle.net/2268/226319.

Assessment methods and criteria

For the first exam session, there are two types of assessment within the framework of this course. Firstly, continuous assessment (20% of the final score), which consists of assessing the active participation of students during classes, through readings and presentations of court decisions (see the Casebook). The following criteria apply to the assessment: 1) presentation of the facts based on the decision, 2) argumentation and judges' decision and, 3) critical assessment of the decision.
Secondly, an oral exam (80% of the final score). During this exam, students are invited to answer a question asking them to discuss the phenomenon of the excessive legalisation of political and social systems. There is no time to prepare for the question. The following criteria apply to the assessment: 1) knowledge and understanding of the phenomenon of excessive legalisation (based on the work Les juges: décideurs politiques?), 2) analysis of this phenomenon (mainly based on the Casebook) and 3) a critical look at this phenomenon. For the oral exam, students can have access to compulsory texts as well as their personal notes.
For the second exam session, assessment consists of an oral exam only, according to the terms described above.

Work placement(s)

Organizational remarks

This course is only offered on even years (2018-2019, 2020-2021, ...).
 

Contacts

Pr. Dr Geoffrey Grandjean Chargé de cours
Faculté de Droit, de Science politique et de Criminologie Place des orateurs, 3 4000 Liège Boîte 11 Bureau 2.17 Tel. : +32 (0)4/366.96.60
Courriel : Geoffrey.Grandjean@uliege.be

Adaptation of teaching commitments following the COVID-19 pandemic for the May-June 2020 session

Teaching methods implemented : distance-learning

Assessment subjects

Assessment methods

Contacts

Adaptation of teaching commitments following the COVID-19 pandemic for the Aug-Sept 2020 session

Assessment subjects

Assessment methods

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Contacts