Transnational Constitution-Making

The state of emergency represents one of the most significant challenges to democratic constitutionalism. Taking into account the theoretical framework of the transnational legal order, and after analysing the concepts of militant democracy and the Rule of Law toolbox, this course aims to provide students with the knowledge and methodology necessary to understand, from a comparative perspective, the differences between states of emergency established at constitutional level and in other sources of law.

At the end of the course the students are expected to be able to: analyse, from a comparative perspective, the various sources of law which regulate the states of emergency - distinguish the different models of accomodations thereof - apply, mastering a legal-constitutional lexicon, the classification concerning states of emergency to a new case - compare, in a critical manner, the law in the book and the law in action to the same.