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Course 2020-2021 a.y.

50145 - ADVANCED CONSTITUTIONAL LAW - TRANSNATIONAL CONSTITUTIONAL LAW AND GOVERNMENT POLICIES

Department of Law

Course taught in English


Go to class group/s: 31

CLMG (8 credits - I sem. - OP  |  IUS/08) - M (6 credits - I sem. - OP  |  IUS/08) - IM (6 credits - I sem. - OP  |  IUS/08) - MM (6 credits - I sem. - OP  |  IUS/08) - AFC (6 credits - I sem. - OP  |  IUS/08) - CLELI (6 credits - I sem. - OP  |  IUS/08) - ACME (6 credits - I sem. - OP  |  IUS/08) - DES-ESS (6 credits - I sem. - OP  |  IUS/08) - EMIT (6 credits - I sem. - OP  |  IUS/08) - GIO (6 credits - I sem. - OP  |  IUS/08) - DSBA (6 credits - I sem. - OP  |  IUS/08) - PPA (6 credits - I sem. - OP  |  IUS/08) - FIN (6 credits - I sem. - OP  |  IUS/08)
Course Director:
GIUSEPPE FRANCO FERRARI

Classes: 31 (I sem.)
Instructors:
Class 31: GIUSEPPE FRANCO FERRARI


Suggested background knowledge

To feel comfortable in this course, you should be familiar with Public Comparative Law.

PREREQUISITES

Per i soli studenti CLMG il superamento dell'esame


Mission & Content Summary
MISSION

The course aims at exploring the transformation of the classic features of constitutional law due to three concurring elements: -The increasing supranational integration. -The changing role of international law and its penetration into domestic legal system. -The impact of economic and judicial globalization on the domestic arena. Students are introduced to how 20th century constitutionalism has affected large part of well-established and old-fashioned legal categories such as principles, rights and sovereignty. The course brings to light, touching upon some fundamental legal categories, how the constitutionalism has changed as a consequence of the increasing relevance of transnational relationships, while regional and international institutions have progressively expanded their role.

CONTENT SUMMARY

The following arguments are examined:

  • 20th century constitutionalism: values, principles, rights, sovereignty.
  • Models of supranational (regional) integration (the EU, the ECHR system, supranational integration beyond Europe).
  • Constitutional interpretation and transnational comparison.
  • Judicial dialogue and cross fertilization.
  • The evolution of models of citizenship in a cosmopolitan environment

  • Transnational law in context (global agencies, internet law, antiterrorism law).

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Know the relationship between "domestic" constitutional law and transnational constititutional law, with particular regard to the relationship between national courts and European courts.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Estimate the impact of transnational constitutional law on the classic categories of constitutional law.

Teaching methods
  • Online lectures
  • Guest speaker's talks (in class or in distance)
  • Group assignments
DETAILS
  • Guest speakers’ talks include lectures given by professors and experts with a specific focus and expertise on comparative, international and EU constitutional law.
  • Group assignments consist of presentations given by students on a selection of issues concerning transnational and comparative public law.

Assessment methods
  Continuous assessment Partial exams General exam
  • Oral individual exam
  •     x
  • Group assignment (report, exercise, presentation, project work etc.)
  • x    
    ATTENDING STUDENTS

    With the purpose of measuring the acquisition of the above-mentioned learning outcomes, the students' assessment is based on two main components:

    1. The discussion of a group assignment in class (20% of the final grade) aimed at testing the students’ ability to identify and apply the general tendencies explained during lectures to specific contentious issues of transnational law affecting the classical categories of constitutional and international law, by building reasoned arguments to be debated in class in a constructive way and with a critical approach.

    2. Final oral exam (80% of the final grade), aimed at assessing the students’ ability to describe the main features of the relationship between "domestic" constitutional law and transnational constitutional law, as well as the students’ ability to illustrate orally the relevance of the impact of the transnational law phenomenon, by providing relevant examples using a clear and appropriate language.

    NOT ATTENDING STUDENTS

    With the purpose of measuring the acquisition of the above-mentioned learning outcomes, the students’ assessment is carried out through a final oral general exam, aimed at assessing the students’ ability to describe the main features of the relationship between "domestic" constitutional law and transnational constitutional law, as well as the students’ ability to illustrate orally the relevance of the impact of the transnational law phenomenon on the classical categories of constitutional law, by providing relevant examples using a clear and appropriate language.


    Teaching materials
    ATTENDING AND NOT ATTENDING STUDENTS

    Students are tested on the readings (including cases and papers) and materials published on the Bboard platform.

    Last change 21/07/2020 10:31