The aim of the course is to examine the impact that technological progress has on Constitutional law and its magnitude. Each technological and scientific innovation has, in fact, the power to create new rights, new instrument to protect existing rights and, at the same time, new threats. Such relationship between Constitutional Rights and science has become even stronger in the last decade, when the pace of technological innovation has increased considerably. Through case law study, the course intends to offer an overview of the main Constitutional issues connected to the technological progress and the most significant decisions taken by Italian and European Courts. The focus of the course will be on areas of the law where fundamental rights are involved and the connection between Science and Law is particularly strong, such as Health Law, Environmental Law and Communication Law.
Expected learning outcomes
By the end of the course student should be able to: - Understand and evaluate critically constitutional issues regarding the technological progress - Understand and evaluate critically the relevant jurisprudence developed by the European Courts and by the domestic Courts - Acquire communication skills as regards the issues dealt with in the course and use them also to argue with logical and legal thoroughness and propriety of legal language.
Lesson period: Second semester
(In case of multiple editions, please check the period, as it may vary)
- The relationship between Law and Science. Comparison between American and Italian doctrines over the last century. - The uncertainty and relativity of scientific knowledge. The notion of technical evaluation and of technical discretionary power. - The judiciary power and technical evaluations. The limits of the judicial review of acts based on technical evaluations. - The difficult relationship between political power and scientific freedom. - The ethical issues related with technological progress. - The precautionary principle.
Prerequisites for admission
The course will be structured on lectures and case-studies.
No texts need to be purchased for the course. Case law and papers will be provided in class and on the website Ariel.
Assessment methods and Criteria
The evaluation for attending students will ground on 3 written tests, where students, during the course, will be required to explain problems on a theme among those explained by the teachers. It will be also considered: - the in-class participation of the student - the in-class presentations, which will focus on a case law, as set out by the teacher, who will provide the student with the necessary documents (judgments and theoretical essays)