Courts and society in transition

Level

All PhD students

Organising Committee

  • Prof. dr. Dirk Heirbaut, Universiteit Gent
  • Prof. dr. Piet Taelman, Universiteit Gent

Aim

The aim of the course is to give the PhD-students a profound understanding of courts in today’s society in a globalized world; how courts compare across legal systems and cultures, how changing legal systems affect the roles and functions of courts, courts legitimation nationally and transnationally, and how increasingly transnational legal fields modify the operations and roles of courts. At the end of the course the PhD-students shall:
•    Have an overview over the different traditions of high courts in Europe, their main characteristics, and essential similarities and differences.
•    Have a qualified understanding of how both higher and lower courts actually operate as social and legal institutions.
•    Comprehend and be able to discuss the essential aspects of the principle of judicial independence and the challenges faced by changing legal systems.
•    Comprehend and be able to discuss the influence of transnational law on domestic courts.
•    Have a profound comprehension of how domestic highest courts are integrated in the transnational legal order, the role they play, and how this challenges existing perceptions of separation of powers.
•    Comprehend and be able to discuss how court communicate with society through conflict resolution, and the changing place and role of courts in the face of increasing use of non-state and informal mechanisms in legal systems.
•    Be able to apply this acquired knowledge and understanding in future cases of legal analysis.

Programme

  • Tuesday 13th March 2018 from 10h00 - 17h30

From 9 am onwards: Welcome coffee and registration – Legal History Institute Meeting Room


10 am – 12 pm: Comparing courts - Venue: Auditorium G, Faculty of Law and Criminology
Main lecturer: Professor Jørn Øyrehagen Sunde
Discussant: Professor Ragna Aarli

Literature:
Jolowicz, J.A., ““The Role of the Supreme Courts at the national and International level – General Report”, in Yessiou-Faltsi, Pelayia (ed) The Role of the Supreme Courts at the national and International level – Reports for the Thessaloniki International Colloquium 21-25. May 1997. Sakkoulas Publications, 1998: 37-63.


12 pm – 1 pm: lunch break (no lunch provided)

1 pm- 3 pm: Court models - Venue: Auditorium G, Faculty of Law and Criminology
Main lecturer: Professor Ragna Aarli
Discussant: Professor Jørn Øyrehagen Sunde

Literature:
Mirjan Damaska: “Two Types of State and the Ends of the Legal Process” Introduction and Chapter III in The Faces of Justice and State Authority. A Comparative Approach to the Legal Process, Yale 1986 p. 1-15 and 71-96.  


3 pm – 3.30 pm: coffee break - Legal History Institute Meeting Room

3.30  - 5.30 pm: Judicial behaviour - Venue: Auditorium G, Faculty of Law and Criminology
Main lecturer: Professor Ragna Aarli
Discussant: Professor Jørn Øyrehagen Sunde
Literature:
Lee Epstein, William M. Landes and Richard A. Posner: “A realistic Theory of Judicial Behavior”, ch. 1 in The Behavior of Federal Judges. A Theoretical and Empirical Study of Rational Choice, Cambridge 2013:25-63.
Erik Voeten: “Politics, Judicial Behaviour, and Institutional Design”, in Jonas Christoffersen and Mikael Rask Madsen (eds.), The European Court of Human Rights between Law and Politics, Oxford 2011:61-76.

  • Wednesday 14th March 2018 from 8h30 - 13h00

From 8 am onwards: Welcome coffee - Legal History Institute Meeting Room

8.30 – 10.30 am: Judicial independence - Venue: “Blauwe Zaal”, Faculty of Law and Criminology
Main lecturer: Professor Jørn Øyrehagen Sunde
Discussant: Professor Ragna Aarli
Literature:
Laffranque, Julia, “Judicial Independence in Europe: Principles and Reality”, in Engstad, Nils A., Astrid Lærdal Frøseth and Bård Tønder (eds) The Independence of Judges. Eleven, The Hague 2014: 127-148.

Graver, Hans Petter, “Judicial Independence and Judicial Responsibility”, in Engstad, Nils A., Astrid Lærdal Frøseth and Bård Tønder (eds) The Independence of Judges. Eleven,The Hague 2014: 309-323.
Erik Møse, “The Independence of International Judges”, in Engstad, Nils A., Astrid Lærdal Frøseth and Bård Tønder (eds) The Independence of Judges. Eleven,The Hague 2014: 187-205.


10.30 am – 11 am: coffee break - Legal History Institute Meeting Room

11 am – 1 pm:     Courts and Communication - Venue: “Blauwe Zaal”, Faculty of Law and Criminology
Main lecturer: Professor Ragna Aarli
Discussant: Professor Jørn Øyrehagen Sunde
Literature:
Aarli, Ragna, “Independence of Judges and Their Relationship with the Media”, in Engstad, Nils A., Astrid Lærdal Frøseth and Bård Tønder (eds) The Independence of Judges. Eleven, The Hague 2014: 327-344.
Meyer, Norman H.: “Social Media and the Courts: Innovative Tools or Dangerous Fad? A Practical Guide for Court Administrators”, International Journal for Court Administration 2014:1-27.

  • Thursday 15th March 2018 from 8h30 - 16h00

From 8 am onwards: welcome coffee - Legal History Institute Meeting Room


8.30 – 10.30 am: National Courts in the future - Venue: Auditorium G, Faculty of Law and Criminology
Main lecturer: Ragna Aarli
Discussant: Professor Jørn Øyrehagen Sunde

Literature:
Elaine Mak: “Strategic Thinking About National Courts” in Sam Muller, Stavros Zouridis, Morly Frishman and Laura Kistemaker (eds.), The Law of the Future and the Future of Law, Vol II. Law of the Future Series No. 2, Torkel Opsahl Academic Epublisher, The Hague 2012:131-142
Lady Justice Arden, “Peaceful or Problematic? The Relationship between National Supreme Courts and Supranational Courts in Europe” in Yearbook of European Law, 2010, Vol.29(1):3-20

10.30 – 11 am: coffee break - Legal History Institute Meeting Room

11 am – 1 pm:     Courts and the transnationalisation of law - Venue: Auditorium G, Faculty of Law and Criminology
Main lecturer: Professor Jørn Øyrehagen Sunde

Discussant: Professor Ragna Aarli

Literature:
Claes, Monica and Bruno de Witte, “The Role of National Constitutional Courts in the European Legal Space”, in Popelier, Patricia, Armen Mazmanyan and Werner Vandenbruwaene (eds) The Role of Constitutional Courts in Multilevel Governance, Intersentia,2013: 79-104.
Østerud, Øyvind, “Judicial Power and Legal Revolution”, in Engstad, Nils A., Astrid Lærdal Frøseth and Bård Tønder (eds) The Independence of Judges. Eleven, The Hague 2014: 309-323.
Jakab, András; Dyevre, Arthur and Itzcovich, Giulio, “Conclusion”, in Comparing Constitutional Reasoning (Draft version, not to be quoted from in public contexts), 25 pages


1 pm- 2 pm: lunch break (no lunch provided)


2 pm – 4 pm:     Summary and Concluding discussion - Venue: Auditorium G, Faculty of Law and Criminology

Lecturers

Professor Jørn Øyrehagen Sunde teaches legal history, legal methods and comparative law at the University of Bergen (Norway). He chairs the research group legal culture, and has published extensively on topics of comparative law, legal history, legal culture and the Norwegian Supreme Court. Students of his faculty voted him best teacher on three separate occasions. He was awarded the 2012 Award for Excellence in the Dissemination of Research by the law faculty of the University of Bergen.

Professor Ragna Aarli teaches criminal procedure, international humanitarian law, constitutional law and legal theory at the University of Bergen (Norway). In 2017 she was appointed by the Norwegian government as a member of the National Court Commission, which scrutinizes the structure of the Norwegian legal system and evaluates the efficiency of judicial procedures.

Registration and information

By e-mail to

Registration fee

Free of charge for PhD students of the Doctoral School of Arts, Humanities and Law of UGent.

Participants

Maximum 25 participants

Preparation

Reading list will be sent in advance to participants.

Evaluation criteria (doctoral training programme)

100% presence and active participation