Global constitutional law

A.Y. 2019/2020
9
Max ECTS
63
Overall hours
SSD
IUS/09 IUS/21
Language
English
Learning objectives
By focusing on the core principles of Constitutional Law in a dynamic and global perspective, the course aims at:
- critically discussing the influence of the process of globalization on constitutional law and the growing interaction between different legal system in a globalized world;
- outlining the most critical aspects of fundamental rights protection in comparative perspective;
- analysing the institutions that act in the field of fundamental rights protection;
- critically discussing the multiple crisis that constitutional democracy is experiencing worldwide.
- analysing the role and the policies of the EU in the field of sustainable development
The Course will address:
- the theories and praxis of the democratic organization of the State, the separation of powers and the rule of law in connection with the ongoing processes of globalization;
- the nature of fundamental rights protection and on the different systems of protection of these rights in a comparative perspective;
- the crisis of the "Rule of law" in a comparative perspective;
- the role and the policies of the EU in the field of sustainable development.
Expected learning outcomes
The course will enable students to understand the role of governments, judicial bodies, constitutional courts, and other institutions in the development of effective policies and protection of constitutional rights, in the framework of the ongoing crisis of constitutional democracy on a global scale.
By the end of the course, students will be able to:
- understand the basic doctrines and principle of "multilevel" constitutional law (national and supranational), in a historical and comparative perspective;
- address the current process of globalization and its impact on constitutional systems and on the protection of fundamental rights;
- understand the complexity of the fundamental rights protection system in a broad comparative perspective;
- understand the relation between constitutional law and sustainable development.
Course syllabus and organization

Single session

Responsible
Lesson period
year
Course syllabus
The course focuses on the core principles of Constitutional Law in a dynamic and global perspective.
The first part of the course will explore both theories and praxis of the democratic organization of the State, the separation of powers and the rule of law in connection with the ongoing processes of globalization.
The second part of the course will be focused on the nature of fundamental rights protection and on the different systems of protection of these rights in a comparative perspective.
The third part will be focused on the rule of law crisis in comparative perspective.
Prerequisites for admission
Course attendance is mandatory, meaning that students will be required to attend at least 75% of classes.
Teaching methods
The course will be structured on lectures and the discussion of case-studies.
During the course, students will be required to read certain materials in advance of the class and actively participate in structured discussions of issues and/or cases.
Teaching Resources
V. Zeno Zencovich, Comparative Legal Systems, 2019.
R. Hirschl, The New Constitution and the Judicialization of Pure Politics Worldwide, Fordham Law Review, 2/2016.
L. Pech, K. Lane Scheppele, Illiberalism Within: Rule of Law Backsliding in the EU, Cambridge Yearbook of European Legal Studies, 19, 2017.
A. Jakab, What is wrong with the Hungarian Legal System and how to fix it, MPIL RESEARCH PAPER SERIES, n. 13/2018.
Assessment methods and Criteria
Students will be assessed through 2 written exams (one at the end of the first semester and one at the end of the second semester).
The final mark/grade will be expressed in **/30.
IUS/09 - PUBLIC LAW - University credits: 0
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 0
Lessons: 63 hours
Professor(s)
Reception:
Please schedule an appointment writing at: antonia.baraggia@unimi.it
Until September 15th, all the meetings will be held on line on Teams.