50145 - ADVANCED CONSTITUTIONAL LAW - TRANSNATIONAL CONSTITUTIONAL LAW AND GOVERNMENT POLICIES
CLMG - M - IM - MM - AFC - CLEFIN-FINANCE - CLELI - ACME - DES-ESS - EMIT - GIO
Course taught in English
Go to class group/s: 31
a) The increasing supranational integration;
b) The changing role of international law and its penetration into domestic legal system;
c) 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.
- Judicial cross fertilization.
- Transnational law in context (global agencies, internet law, antiterrorism law).
Attending students will be invited to work in-group on specific issues addressing transnational constitutional law in context. The participation in class will be part of the final assessment.
- J.L. Dunoff, J.P. Trachtman, Ruling the World? Constitutionalism, International Law, and Global Governance, Cambridge, Cambridge UP, 2009.