TRANSNATIONAL CONSTITUTIONAL LAW

TRANSNATIONAL CONSTITUTIONAL LAW

Giovanni Piccirilli, Leonardus Franciscus Maria Besselink

Obiettivi formativi

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

Risultati di apprendimento attesi

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.

Contenuti Del Corso

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, with a focus on the European Union as the most advanced experience of supranational constitutionalism

Testi Di Riferimento

Roger Masterman and Robert Schütze (eds.), The Cambridge Companion to Comparative Constitutional Law, CUP, 2019 (selected parts). Further materials will be indicated in class or on the e-elearning page of the course

Metodologie Didattiche

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. Starting with week 3, classes will be opened with presentations by students, introducing the topic

Modalità di verifica dell'apprendimento

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.

Criteri per l’assegnazione dell’elaborato finale

Minimum grade: 27

Settimana 1

I part – Constitutionalism Introductory Concepts and Foundations (I): Origins of the State; Westphalian State and Globalization

Settimana 2

Introductory Concepts and Foundations (II): Constitutionalism; Democracy; Rule of law

Settimana 3

Introductory Concepts and Foundations (III): Fundamental rights Constitution making and constitutional amendment Forms of State (Federalism, regionalism, local government)

Settimana 4

Constitutionalism in transnational dimension: International Constitutionalism; European Constitutionalism; Private actors and global law

Settimana 5

II part – Separation of powers Political Institutions: Parliaments; Governments and the executive; Public administration

Settimana 6

Courts and Constitutional Courts: Constitutional justice. The US and the Kelsenian models; Constitutional adjudication in comparative perspective

Settimana 7

Global, local and regional: The constitutional relevance of the EU (discussion about the formation of the new Commission); NATO, UN and the global peace; ICJ, ICC, courts beyond national borders

Settimana 8

Economic constitution and its institutions: The “economic” Constitution Central Banks, Independent authorities, Fiscal institutions European economic governance

Settimana 9

Italian institutional balance: Italian Constitutional History; The Current form of Government; The specificities of Italian System of Constitutional Adjudication

Settimana 10

III part – Protection of fundamental rights Sources and Kinds of fundamental rights (civil, political, economic, social); The ECHR and its Court

Settimana 11

Rights in action as a global challenge: environment, climate and future generations before courts cases

Settimana 12

Rights in action as a global challenge: environment, climate and future generations before courts cases