50145 - ADVANCED CONSTITUTIONAL LAW - TRANSNATIONAL CONSTITUTIONAL LAW AND GOVERNMENT POLICIES
Department of Law
Course taught in English
ACME (6 credits - I sem. - OP | IUS/08) - AFC (6 credits - I sem. - OP | IUS/08) - AI (6 credits - I sem. - OP | 12 credits IUS/08) - CLELI (6 credits - I sem. - OP | IUS/08) - CLMG (8 credits - I sem. - OP | IUS/08) - DES-ESS (6 credits - I sem. - OP | IUS/08) - DSBA (6 credits - I sem. - OP | IUS/08) - EMIT (6 credits - I sem. - OP | IUS/08) - ESS (6 credits - I sem. - OP | IUS/08) - FIN (6 credits - I sem. - OP | IUS/08) - GIO (6 credits - I sem. - OP | IUS/08) - IM (6 credits - I sem. - OP | IUS/08) - MM (6 credits - I sem. - OP | IUS/08) - PPA (6 credits - I sem. - OP | IUS/08) - TS (6 credits - I sem. - OP | IUS/08)
Course Director:
GIUSEPPE FRANCO FERRARI
GIUSEPPE FRANCO FERRARI
Suggested background knowledge
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 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, environmental law).
Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
Describe the relationship between domestic and transnational constitutional law, specifically with reference to the relationship between national and European courts
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
Assess the impact of transnational constitutional law on the traditional categories of constitutional law
Teaching methods
- Lectures
- Guest speaker's talks (in class or in distance)
- Collaborative Works / Assignments
DETAILS
The guest speaker's talks will consist in lectures delivered by professors and practitioners with specific expertise in the fields of comparative, international and EU constitutional law
The assignments consist in presentations delivered by students on a selection of topics and issues concerning transnational and comparative public law
Assessment methods
| Continuous assessment | Partial exams | General exam | |
|---|---|---|---|
|
x | ||
|
x |
ATTENDING STUDENTS
The students' assessment is composed of two separate parts:
1. A group assignment, accounting for 20% of the final grade, intended to verify whether student are able to discuss topical issues in transnational constitutional law touched upon in class, developing arguments from a comparative constitutional perspective with a critical approach.
2. An oral exam, accounting for 80% of the final grade, intended to assess the students' capacity to describe the most salient traits of the relationship between domestic and transnational constitutional law, as well as the most critical effects of the phenomenon of transnational law, providing examples in a clear and appropriate language.
NOT ATTENDING STUDENTS
The students' assessment consists in an oral exam intended to assess the students' capacity to describe the most salient traits of the relationship between domestic and transnational constitutional law, as well as the most critical effects of the phenomenon of transnational law, providing examples in a clear and appropriate language.
Teaching materials
ATTENDING STUDENTS
Attending students will be tested on the readings and materials provided on the BlackBoard learning space. The content discussed during in-class and guest lectures is part of the exam materials.
NOT ATTENDING STUDENTS
Non-attending students will be tested on the readings and materials provided on the BlackBoard learning space, as well as on a specific set of materials for non-attending students only. Please refer to this specific folder in addition to the materials provided to all students of the course.
Last change 21/05/2025 14:56