Constitutional Law and New Technologies
A.Y. 2023/2024
Learning objectives
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.
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.
- 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
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
The course will cover the following topics: historical background and principles of the relationship between constitutional law and new technologies; definitions: law, science, technology and technology; Medical-scientific progress and end-of-life decisions; Medical-scientific progress and the beginning of life; CRISPR, gene editing and participatory democracy; GMOs; Environment and sustainable development; Neuroscience; Artificial intelligence; Decision making and scientific evidence: Covid and in Italian and German law.
Prerequisites for admission
Constitutional law
Teaching methods
Frontal lectures.
The final evalutation of attending students will take into account their interaction during classes and the capability to address and present specific issues.
The final evalutation of attending students will take into account their interaction during classes and the capability to address and present specific issues.
Teaching Resources
1. B. Liberali-L. Del Corona (edited by), Diritto e valutazioni scientifiche, Torino, Giappichelli, 2022. Only the following chapters --> PARTE I: capitoli I, II, VII, VIII; PARTE II: capitoli III, IV, VI; PARTE III: capitoli I e III; PARTE IV: capitoli I, III, IV.
2. G. Ragone, Gene editing decisions and democratic participation: A privileged area for the application of the principles of deliberative democracy?, in Biolaw Journal, Special Issue n. 1/2021 on Law, Genetics, and Genomics: A Relationship Unfolding Through the Years, p. 383-395
3. A. GATTI, L'emergenza Covid-19 in Germania e Austria, in (ed. by R. Tarchi), L'emergenza sanitaria da Covid-19 una prospettiva di diritto comparato, Atti del Seminario del Dottorato in Scienze giuridiche "Teoria dei diritti fondamentali, Giustizia costituzionale, Comparazione giuridica" Università di Pisa - 8 maggio 2020, pp. 51-70.
4. N. Fiano, La robotizzazione delle decisioni amministrative e della decisione giudiziale. Problematiche di diritto costituzionale in chiave comparata con la Germania, Atti del Seminario ospitati in Quaderno monografico della Rivista del Gruppo di Pisa n. 3/2021.
Materials for ATTENDANT STUDENTS will be presented during classes
2. G. Ragone, Gene editing decisions and democratic participation: A privileged area for the application of the principles of deliberative democracy?, in Biolaw Journal, Special Issue n. 1/2021 on Law, Genetics, and Genomics: A Relationship Unfolding Through the Years, p. 383-395
3. A. GATTI, L'emergenza Covid-19 in Germania e Austria, in (ed. by R. Tarchi), L'emergenza sanitaria da Covid-19 una prospettiva di diritto comparato, Atti del Seminario del Dottorato in Scienze giuridiche "Teoria dei diritti fondamentali, Giustizia costituzionale, Comparazione giuridica" Università di Pisa - 8 maggio 2020, pp. 51-70.
4. N. Fiano, La robotizzazione delle decisioni amministrative e della decisione giudiziale. Problematiche di diritto costituzionale in chiave comparata con la Germania, Atti del Seminario ospitati in Quaderno monografico della Rivista del Gruppo di Pisa n. 3/2021.
Materials for ATTENDANT STUDENTS will be presented during classes
Assessment methods and Criteria
Oral examination
IUS/08 - CONSTITUTIONAL LAW - University credits: 6
Lessons: 42 hours
Professors:
Fiano Nannerel, Ragone Giada
Educational website(s)
Professor(s)