TRANSNATIONAL CONSTITUTIONAL LAW

TRANSNATIONAL CONSTITUTIONAL LAW

Angelo Junior Golia, Marco Goldoni

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