Law and Public Policy 2013/14 Winter copy 1

 This course allows guest users to enter
 This course requires an enrolment key

Law is central to effective and legitimate governance at all levels. Law not only imposes constraints on governance processes, but also offers tools and opportunities for public policy. Familiarity and understanding of legal frameworks and mechanisms is thus essential for public and private actors involved in policy-making. The 2 credit course Law and Public Policy provides a basic introduction to legal issues relevant to public policy. It examines international, constitutional and administrative legal frameworks and instruments, taking a comparative perspective and dedicating special attention to the impact of Europeanization and globalization. It starts with discussions related to the role of law in public policy (limited government, effectiveness, legitimacy and legal instruments as policy tools). It then identifies relevant legal frameworks (national constitutional and administrative law, EU law, European Convention on Human Rights, international instruments such as ICCPR). It carries on with an exploration of law as a policy tool, addressing issues of constitutional politics and legislative processes, but focusing on rule-making/regulatory processes. It then looks at the institutional set-up, in particular the judicial organization and alternative mechanisms for dispute resolutions concerning administrative activities, before exploring in further depth various types of judicial actions available to those wishing to challenge the activities of public authorities or private actors delivering public services, focusing on judicial review and tort actions. It then turns to identifying and assessing the basic legal principles framing public policy-making, giving a particular attention to transparency, due process, human rights, equal treatment, proportionality, etc. The course combines theoretical insights as well as practical components (case study presentations; comparative practical case).

This course allows guest users to enter  This course requires an enrolment key