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MODULE SUMMARY:

This module provides an introduction to key concepts and principles central to the German legal system, with particular emphasis on German Constitutional Law. Students will acquire an insight into German legal history, the political system, the sources of legal norms and the particular methodology and structure of German law. In addition, the foundations of the State and its legislative and judicial system will be examined as well as the protection of fundamental rights in Germany, within the broader international and European context.

AIMS OF THE MODULE:

German constitutional law can typically be divided into the law pertaining to the organisation of the State (Staatsorganisationsrecht) and the law that protects fundamental rights (Grundrechte). In addition to introducing the basic principles of the German legal system, this module is designed to familiarise students with the law underpinning the organisation and functioning of the State; hence, the focus in term 1 is on understanding key principles such as federalism, democracy and the rule of law, the role and functions of organs of State, as well as the courts’ structure and the role of the judiciary.

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The second part of this module in term 2 is dedicated to the fundamental rights and freedoms enshrined in the German constitution, the Grundgesetz. These Grundrechte include human dignity, personal freedom and the inviolability of the person, freedom of expression, freedom of assembly and occupational freedom. Key judgments of the Federal Constitutional Court will be discussed throughout.

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In addition to substantive legal concepts, the module will provide a detailed grounding in the particular methodology used to handle legal questions, the Gutachtenstil. Students will be required to regularly practice and deepen their understanding of this skill, thereby building up their written legal skills.

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MODULE STRUCTURE:

The module will entail two-hour weekly lectures and two-hour weekly tutorials. Advance reading of documents (available on Moodle) will be expected.

You will be given a detailed handout and syllabus to follow each lecture but there will also be additional reading material available on Moodle. Teaching, oral and written participation (including assessment) will be in German.

MODULE ASSESSMENT:

The module will not be examined at the end of the year but Public Law will be included in the syllabus for the exam and the coursework the following year.

Revision sessions will be arranged in the second year to refresh your memory. During the course of the year, one compulsory practice assignment will need to be submitted per term.