In a famous judgment of the Supreme Court of Israel on investigation methods [Public Committee Against Torture v. Israel, 6 September 1999], Chief Justice Aharon Barak solemnly stated: “This is the destiny of a democracy—it does not see all means as acceptable, and the ways of its enemies are not always open before it. A democracy must sometimes fight with one hand tied behind its back. Even so, a democracy has the upper hand. The rule of law and the liberty of an individual constitute important components in its understanding of security. At the end of the day, they strengthen its spirit and this strength allows it to overcome its difficulties.” These words perfectly capture the main questions students will be confronted with in this course. Does the need to guarantee the individuals’ and the State’s security justify an exception to the constitutional principles of fundamental rights and the rule of law? Does the fight against serious threats to security require special constitutional rules departing from the ordinary standards? To what extent can a democracy deviate from its fundamental principles to guarantee the security of its citizens? Which means can a constitutional democracy accept in the pursuit of security? The course aims at providing students with the capacity to critically analyse and discuss these questions and to understand the role of constitutional guarantees as important components of a democracy’s understanding of security. Based on the fully enquiry-based model, the course engages students in the examination of constitutional and statutory provisions and of the jurisprudence of various Courts in order to draw from selected case-studies –chosen among national, supranational and international jurisdictions - the fundamental constitutional safeguards applicable to security policies. Through class debates, oral presentations, mock exercises, drafting of legal opinions and case-law analysis, the course will provide an overview of the different constitutional law tools that contribute to guide and limit the exercise of public authority in exceptional circumstances, where the security of individuals is under serious threat.

Knowledge and understanding: By the end of the course, students are expected to: be familiar with different approaches to security in comparative constitutional law; understand and critically assess security policies issued in different countries from the perspective of constitutional principles; be able to detect potential tensions between security-related policies and fundamental rights; understand and assess the role of different branches of government in designing and controlling responses to security threats; identify the fundamental democratic guarantees to be respected even in exceptional circumstances, when State security is highly at risk. Applying knowledge and understanding: The knowledge gained in this course will enrich the students’ understanding of the complexity of security-related issues, enabling them to assess security policies not only from the perspective of their efficiency or through a costs-benefits analysis, but also from the viewpoint of their impact on constitutional principles and values. In their study field, this will give students a more comprehensive understanding of security law and policies. In the professional world, the acquired knowledge will be particularly helpful in activities such as providing advice or preparing case summaries or notes for State agencies, policy makers, private entities, and NGOs. Making judgements: The course enables students to form their own judgment on the constitutional aspects of security-related policies and fosters their ability to argue and give reasons for their opinions in a legally informed and sound way. The comparative approach will require students to discuss different constitutional law approaches to security measures, taking into account a country’s historical, social and political background. This will particularly promote their capacity to solve problems in an independent and critical way. The supranational and international perspective presented during the course will significantly enrich student’s capacity to evaluate the security strategies introduced at the national level. Communications Skills: Students will be regularly encouraged to actively participate in the discussion of specific security policies examined in the course. They are expected to express their views in appropriate legal terms and particular emphasis will be put on the ability to deal with legal concepts from different jurisdictions. They will be asked to argue a case, to discuss a judgment or a scholarly paper, or to introduce a discussion with their fellow students. This is meant to enhance their presentational and communicative skills. The lecturer will provide constant feedback to the students on their communications skills. They will also be involved in the drafting of legal opinions or legal papers on selected case-studies, in order to improve their writing skills. Learning skills: The course will empower students to carry out autonomously the following tasks: - perform a comprehensive legal analysis of security policies from the constitutional law perspective; - present in a clear and understandable way advantages and disadvantages of different constitutional arrangements concerning public security; - outline constitutional law constraints with respect to specific draft policies - understand how to balance potential contrasting interests related to security, the protection of fundamental

The course deals with the constitutional safeguards against security threats affecting, in particular, national and international terrorism. At the beginning of the course, students will be guided through an examination of constitutional regulations of state of exceptions (emergencies, warfare, etc.). Students will learn different models of constitutional regulations and situate them in their political and historical context. The course will then focus on key areas of tensions between constitutional principles and the need to counter security threats, including the right to privacy, habeas corpus, the prohibition of inhuman and degrading treatments, regulation of migration and citizenship, and democratic transparency and accountability. Consideration for the role of the different branches of government in managing security threats will also be taken into consideration. For each issue, developments in two or more countries of the Western legal tradition will be examined from a comparative perspective. These include a contextual analysis of the legislation adopted in the pursuit of security as well as of constitutional and supranational courts’ decisions reviewing the determinations of the political authorities.

At the beginning of the course a list of the course’s materials will be delivered, distinguishing between attending and non attending students. This includes legislation, courts’ decisions and scholarly papers. Some readings will be taken from the following books: - Benjamin J. Goold and Liora Lazarus (eds.), Security and Human Rights, Hart Publishing, 2nd edition, 2019; - Christophe Paulussen and Martin Scheinin (eds.), Human Dignity and Human Security in Times of Terrorism, Springer, 2019.

Classes consist of both traditional lectures and the presentation and discussion by the students of texts and judgements assigned in advance. Students will be encouraged to actively take part in the course and to contribute to a lively and thought-provoking atmosphere.

Assessment consists of: an intermediate test (legal opinion) – 30% of the final mark the drafting of a paper on a selected case agreed with the teachers: 30% participation in class debates: 10% oral examination at the end of the course: 30%

Active participation in the course and an above average grade in the final exam are a plus. The topic has to be agreed with the lecturer in advance; Proposals by the students are most welcome.