|SETTORE SCIENTIFICO DISCIPLINARE||IUS/08|
The Course aims at comparing, in a synchronic and diachronic way, the different constitutional systems, by taking into account the legal texts of reference, as well as the efficiency and effectiveness of the institutional solutions, the possibility to transplant the latter ones in other contexts or using them to define institutional models. Furthermore, the Course is focused on helping students in trying to better understand the trends, at international level, relating to the development of national legal systems, also in the light of global phenomena as supranational organizations and the international protection of human rights. More focused surveys will closely look at specific national legal systems considered particularly significant also in relation to our domestic perspective. Its functional and organizational development will be taken into consideration as well as in relation to the protection of fundamental freedoms. Particular attention shall be devoted both to the use of languages and to the students' skill to find juridical resources.
The course aims to provide the students with the cognitive and methodological tools necessary to understand how norms and institutions of global governance follow and respect the principles of constitutionalism and the dynamics concerning the efforts to establish common rules on a global scale.
Class attendance and individual study will enable the student to:
- acquire the specific vocabulary of the discipline, also in order to be able to examine and understand the scientific literature in English language;
- identify the fundamental values, principles and basic concepts characterizing constitutionalism, from its first manifestations and the great liberal revolutions to the construction of contemporary constitutional democracies;
- acquire a rational and dynamic vision concerning the application of the core values of constitutionalism not only in the context of the State Constitution but also in the interpretation and development of the law beyond the State;
- use the knowledge of the theoretical elements for a critical evaluation of the respect in the constitutional systems of common standards related to rule of law, democracy and human rights.
The course will consist of lectures for a total of 36 hours (6 CFU), during which the topics of the program will be presented analytically. Some seminars could be carried out together with Italian or foreign experts, in order to deepen subjects of particular interest or current issues.
The course will cover the following topics, using the comparative method:
- Constitutions, constitutionalism, global constitutionalism
- Digital Sovereignty and Global Constitutionalism
- Global Constitutionalism and Internet
- Internet Governance
- Multilevel Protection of the rule of law and fundamental rights
- European supranational systems of protection of fundamental rights
- Rethinking human rights and Western Constitutionalism
- Perspectives on global constitutionalism and decentralization process
- Global Climate Constitutionalism
Attending students (who have attended at least 75% of the lessons): learning materials (slides, lecture notes, regulation, jurisprudence and in-depth reading) uploaded on Aulaweb.
Non-attending students: learning materials (slides, lecture notes, regulation, jurisprudence and in-depth reading) uploaded on Aulaweb in a special folder.
PATRIZIA MAGARO' (Presidente)
FRANCESCA BAILO (Presidente Supplente)
MICHELE FRANCAVIGLIA (Presidente Supplente)
VINCENZO SCIARABBA (Presidente Supplente)
FABIO GAGGERO (Supplente)
The course will take place during the first semester of the academic year 2020/2021.
L'orario di tutti gli insegnamenti è consultabile su EasyAcademy.
For attending and non-attending students, the final exam is in oral form, usually articulated in four open questions. A mid-term written test could possibly take place.