50145 - ADVANCED CONSTITUTIONAL LAW - TRANSNATIONAL CONSTITUTIONAL LAW AND GOVERNMENT POLICIES
Course taught in English
Go to class group/s: 31
Synchronous Blended: Lezioni erogate in modalità sincrona in aula (max 1 ora per credito online sincrona)
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 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.
The evolution of models of citizenship in a cosmopolitan environment
- 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 courts and European courts.
- Estimate the impact of transnational constitutional law on the classic categories of constitutional law.
- Face-to-face lectures
- Online lectures
- Guest speaker's talks (in class or in distance)
- 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.
- Group assignments consist of presentations given by students on a selection of issues concerning transnational and comparative public law.
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.
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.
Students are tested on the readings (including cases and papers) and materials published on the Bboard platform.