Module LAW2153 for 2021/2
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Undergraduate Module Descriptor
LAW2153: Law, Democracy and Populism: The Rise and Fall of Constitutional Democracy
This module descriptor refers to the 2021/2 academic year.
Module Aims
The main aims of this module are twofold. The first is to provide you with the opportunity to identify, understand and assess, from a legal and interdisciplinary perspective, the key components of constitutional democracy. The second, interrelated aim is to give you the tools to critically understand and analyse the defining features of contemporary populism and their implications on constitutional democracy. As such, the module will enable you to explore the relationship between constitutional democracy, populism and legal instruments and institutions, taken broadly, including constitutions and courts. In the same vein, the module will encourage you to reflect on the role of – and consequences of – populism on the exercise of public power in contemporary society. Focusing on the development of independent student research, a final aim of the module is to inculcate analytical, research and presentational skills.
On successfully completing the programme you will be able to: | |
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Module-Specific Skills | 1. Identify, explain and critically comprehend and assess the key components of constitutional democracy. 2. Demonstrate a critical understanding of contemporary populism as a legal phenomenon; and critically identify, comprehend and assess the main constitutional and legal implications of contemporary populism. |
Discipline-Specific Skills | 3. Demonstrate a critical understanding of the role(s) of constitutions, courts and other legal instruments and institutions in a constitutional democracy. 4. Demonstrate a critical understanding of the relationship between populism and legal institutions through a legal and interdisciplinary lens. |
Personal and Key Skills | 5. Research doctrine and (if applicable) case law; and select, integrate and present coherently, reflectively and succinctly, in writing, relevant concepts and arguments. 6. Prepare analytically compelling work that relies on diverse primary and secondary sources, employs appropriate interpretative techniques and presents a nuanced line of argument. 7. Engage in debate effectively and develop complex arguments and opinions with some guidance. |
How this Module is Assessed
In the tables below, you will see reference to 'ILO's. An ILO is an Intended Learning Outcome - see Aims and Learning Outcomes for details of the ILOs for this module.
Formative Assessment
A formative assessment is designed to give you feedback on your understanding of the module content but it will not count towards your mark for the module.
Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Essay outline and draft introduction | 750 words | 1-7 | Written feedback and general class discussion |
Group seminar presentation | 10 minutes | 1-4, 6-7 | Oral feedback and general class discussion |
Summative Assessment
A summative assessment counts towards your mark for the module. The table below tells you what percentage of your mark will come from which type of assessment.
Coursework | Written exams | Practical exams |
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100 | 0 | 0 |
...and this table provides further details on the summative assessments for this module.
Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Essay | 100 | 2,500 words | 1-7 | Written feedback |
0 | ||||
0 | ||||
0 | ||||
0 | ||||
0 |
Re-assessment
Re-assessment takes place when the summative assessment has not been completed by the original deadline, and the student has been allowed to refer or defer it to a later date (this only happens following certain criteria and is always subject to exam board approval). For obvious reasons, re-assessments cannot be the same as the original assessment and so these alternatives are set. In cases where the form of assessment is the same, the content will nevertheless be different.
Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
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Essay | Essay (2,500 words) | 1-7 | August/September re-assessment period |
Indicative Reading List
This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.
- Francis Fukuyama, “The End of History?” (1989) 16 The National Interest (Summer 1989) 3-18
- Aziz Huq and Tom Ginsburg, “How to Lose a Constitutional Democracy” (2018) 65 UCLA Law Review 78-169
- Samuel Issacharoff, “The Corruption of Popular Sovereignty” (2020) New York University School of Law Public Law & Legal Theory Research Paper Series Working Paper No 20-2 (forthcoming in International Journal of Constitutional Law)
- Cas Mudde, “The Populist Zeitgeist” (2004) 39(4) Government and Opposition 541-563
- Jan-Werner Müller, “’The People Must be Extracted from Within the People’: Reflections on Populism” (2014) 21(4) Constellations 483-493
- Margaret Canovan, “Trust the People! Populism and the Two Faces of Democracy” (1999) 47(1) Political Studies 2-16
- Nadia Urbinati, “Political Theory of Populism” 22 (2019) Annual Review of Political Science 111-127
- Luigi Corrias, “Populism in a Constitutional Key: Constituent Power, Popular Sovereignty and Constitutional Identity” (2016) 12(1) European Constitutional Law Review 6-26
- Gábor Halmai, “Populism, Authoritarianism and Constitutionalism” (2019) 20(3) German Law Journal 296-313
- Kim Lane Scheppele, “The Opportunism of Populists and the Defense of Constitutional Liberalism” (2019) 20(3) German Law Journal 314-331
- Paul Blokker, “Populism as a Constitutional Project” (2019) 17(2) International Journal of Constitutional Law 536-553
- Bojan Bugaric, “Could Populism Be Good for Constitutional Democracy?” (2019) 15 Annual Review of Law and Social Science 41-58
- Steven Levitsky and Lucan A. Way, “The Rise of Competitive Authoritarianism” (2002) 13(2) Journal of Democracy 51-65
- Nancy Bermeo, “On Democratic Backsliding” (2016) 27(1) Journal of Democracy 5-19
- Ming-Sung Kuo, “Against instantaneous democracy” (2019) 17(2) International Journal of Constitutional Law 554
- Martin Loughlin, “The Contemporary Crisis of Constitutional Democracy” (2019) 39(2) Oxford Journal of Legal Studies 435-454
- Tarunabh Khaitan, “Executive Aggrandizement in Established Democracies: A Crisis of Liberal Democratic Constitutionalism” (2019) 17(1) International Journal of Constitutional Law 342-356