50145 - ADVANCED CONSTITUTIONAL LAW - TRANSNATIONAL CONSTITUTIONAL LAW AND GOVERNMENT POLICIES
Course taught in English
Go to class group/s: 31
To feel comfortable in this course, you should be familiar with Public Comparative Law.
Per i soli studenti CLMG il superamento dell'esame
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.
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.
- Transnational law in context (global agencies, internet law, antiterrorism law).
- Know the relationship between "domestic" constitutional law and transnational constititutional law, with particular regard to the relationship between national court and European courts.
- Estimante the impact of transnational constitutional law on the classic categories of constitutional law.
- Face-to-face lectures
- Guest speaker's talks (in class or in distance)
- Case studies /Incidents (traditional, online)
- Group assignments
- Guest speakers’ talks include lectures given by professors and experts with a specific focus and expertise on comparative, international and EU constitutional law.
- Case studies are discussed at the beginning of some classes to introduce the subject of the relevant lectures or specific “hot topics”.
- Group assignments consist of presentations given by students on a selection of issues concerning transnational and comparative public law.
|Continuous assessment||Partial exams||General exam|
Attending students are tested on the cases and materials discussed throughout classes in the general written exam, attributing up to 80% of the final grade. The remaining 20% of the final grade is based on the groups’ presentations. Active class participation is also taken into account.
Non attending students are tested on the textbook in the general written exam, attributing up to 100% of the final grade.
Students are tested on the readings (including cases and papers) published on the Bboard platform.
Students are tested on the textbook:
- J. BELL, M.L. PARIS (eds), Rights-based constitutional review: constitutional courts in a changing landscape, Cambridge, last edition.