TRANSNATIONAL CONSTITUTIONAL LAW
Instructional goals
The objectives of this course are: 1. To introduce students to the ideas of constitution, constitutionalism and other main public law concepts, in a transnational dimension; 2. To develop in students an understanding of the relevant history and essential features of constitutions; the nature of the constitutional state and its interaction with regional and global institutions; the institutions of government and the relationship between them; the constitutional guarantees of fundamental rights and liberties; the basic principles of judicial review; the basics of public power in economic relationships. 3. To encourage a critical assessment of constitutionalism by reference to scholarship.
Intended learning outcomes
Know
- the impact of constitutional law on the society and its articulation;
- the functions of the Constitution and its position in the legal system;
- the structure of the institutional systems and the interaction with regional, international and global organisations
- the role and content of constitutional rights;
- the multilevel protection of rights.
Identify the constitutional dimension of the problems and policies
Solve practical cases by applying the knowledge acquired.
Present oral and written arguments of a constitutional nature
Working as a team and agreeing on common positions and defence strategies.
Course Contents
The course consists of three parts: the first is devoted to introduce the students to the basic concept of constitutionalism, including its emerging transnational dimension; the second is focused on institutions (legal, political, economic, regional and global) and the third on the protection of fundamental rights.
The scope of the course is to introduce the students to master the fundamental concepts of public law, with specific regard to the relationship between democratic institution, the rule of law and the contemporary trends of constitutional democracies. Specific attention will be paid to the interaction of states with regional and global institutions and to the constitutional-economic aspects of global governance, with a focus on the European Union as the most advanced experience of supranational constitutionalism.
Reference Books
Textbook: Roger Masterman and Robert Schütze (eds.), The Cambridge Companion to Comparative Constitutional Law, CUP, 2019 (selected parts). The textbook is also available online via the electronic resources of the LUISS Library at the following link: https://www.cambridge.org/core/books/cambridge-companion-to-comparative-constitutional-law/114574B55A9C18AD5B58220D22B4C9C9
Some classes will refer to Michel Rosenfeld and András Sajó (eds.), The Oxford Handbook of Comparative Constitutional Law (OUP, 2012). The latter is available online, too, via LUISS library access, at https://academic.oup.com/edited-volume/43728
Further materials, listed below, will be available for download from the e-learning page of the course on the MyLuiss portal: https://my.luiss.it/login/index.php
Sources for deepening your knowledge in transnational constitutional law:
Blogs
•Verfassungsblog – https://verfassungsblog.de/
• Völkerrechtsblog – https://voelkerrechtsblog.org/
• EJIL:Talk! – https://www.ejiltalk.org/
• Opinio Juris – http://opiniojuris.org/
• Just Security – https://www.justsecurity.org/
• Lawfare – https://www.lawfareblog.com/
• TWAILR – https://twailr.com/
• International Law & The Global South – https://internationallawandtheglobalsouth.com/
• Afronomics Law – https://www.afronomicslaw.org/
• I-CONnect - http://www.iconnectblog.com/
• Critical Legal Thinking – https://criticallegalthinking.com/
• IntLawGrrls – https://ilg2.org/
• Oxford Human Rights Hub – https://ohrh.law.ox.ac.uk/
• Strasbourg Observers – https://strasbourgobservers.com/
• Law & Political Economy – https://lpeproject.org/blog/
Podcasts
• The Promise Institute Podcast – https://promiseinstitutepodcast.buzzsprout.com/
• Asymmetrical Haircuts – https://www.asymmetricalhaircuts.com/
• EJIL: The Podcast – https://www.ejiltalk.org/ejil-the-podcast-page/
• Lawfare Arbiters of Truth – https://www.lawfareblog.com/topic/arbiters-truth
Teaching Methods
The course is based on the active participation of students. Starting from the third week, all classes will be opened by flipped classroom, with a short presentation of the students (individually or in small groups) so to stimulate discussion and critical approach to topics.
Assessment Method
At the end of the first two parts of the course, students can take, on a voluntary basis, a written exam, anticipating part of the workload for the final exam. Each test will consist on a series of open questions, to be answered in limited time and space. Each test will count 33% of the final mark, with the last 33% reserved to the final oral exam. The student can anyway decide to retake the I or the II part in the final oral exam.
Thesis assignment criteria
Minimum grade: 27
Week 1
I Part of the course - Constitutionalism
1st session: Introduction to course, rules, methods of assessment
2nd session: Origins of the State
3rd session: Westphalian State and Globalization.
Week 2
1st session: constitutionalism
2nd session: democracy
3rd session: rule of law
Week 3
Starting with week 3, classes will be opened with presentations by students, introducing the topic
1st session: Fundamental rights
2nd session: Constitution making and constitutional amendment
3rd session: Forms of State (Federalism, regionalism, local government)
Week 4
II part of the course – Separation of powers
1st session: Global Constitutionalism
2nd session: European Constitutionalism
3rd session: Private actors and global law
Week 5
1st session: Parliaments
2nd session: Governments, the executive, and public administration
3rd session: Italian Constitutional History and the current form of Government
Week 6
1st session: The constitutional relevance of the EU
2nd session: International organizations
3rd session: ICJ, ICC, courts beyond national borders
Week 7
1st session: Monism and Dualism: the international law dimension
2nd session: Monism and Dualism: the national law dimension (i)
3rd session: Monism and Dualism: national law dimensions (ii)
Week 8
1st session: Economic constitutionalism
2nd session: Constitutional approaches to monetary governance
3rd session: Blockchain constitutionalism
Week 9
III part of the course – Protection of fundamental rights
1st session: Sources and kinds of fundamental rights (civil, political, economic, social)
2nd session: The ECHR and its Court
3rd session: Constitutional justice. The US and the Kelsenian models
Week 10
1st session: Commonwealth model of constitutional adjudication
2nds session: The specificities of the Italian System of Constitutional Adjudication
3rd session: Property & Strike
Week 11
Rights in action as a global challenge: environment, climate and future generations before courts
1st session: Introduction / Types of Courts adjudicating fundamental rights involved in protecting against climate disaster; A case before the ECtHR
2nd session: A case before a national Supreme court
3rd session: A case before a national Constitutional Court
Week 12
1st session: A case before an ordinary court
2nd session: TBD
3rd session: Conclusion of the course