Transnational Constitution-Making
A.Y. 2024/2025
Learning objectives
The state of emergency represents one of the most significant challenges to democratic constitutionalism. The course - taking into account the transnational legal order theoretical framework - aims to provide the students with the knowledge and the methodology necessary to understand, from a comparative perspective, the differences among the states of emergency established at constitutional level and in other sources of law.
Expected learning outcomes
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.
Lesson period: Second trimester
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 trimester
Course syllabus
Attending students
First Module:
What is a Constitution? Constituent power, sources of constitutional law and transnational legal orders. Amending power and protection of the Constitution in time of crisis.
Second Module:
Introduction to the taxonomy of constitutional emergency provisions from a comparative perspective.
The praxis of application of emergencies clauses in time of peace and in time of war: analysis of single cases.
Non attending students
What is a Constitution? Constituent power, sources of constitutional law and transnational legal orders. Amending power and protection of the Constitution in time of crisis.
Second Module:
Introduction to the taxonomy of constitutional emergency provisions from a comparative perspective.
The praxis of application of emergencies clauses in time of peace and in time of war. States of emergency and rule of law.
First Module:
What is a Constitution? Constituent power, sources of constitutional law and transnational legal orders. Amending power and protection of the Constitution in time of crisis.
Second Module:
Introduction to the taxonomy of constitutional emergency provisions from a comparative perspective.
The praxis of application of emergencies clauses in time of peace and in time of war: analysis of single cases.
Non attending students
What is a Constitution? Constituent power, sources of constitutional law and transnational legal orders. Amending power and protection of the Constitution in time of crisis.
Second Module:
Introduction to the taxonomy of constitutional emergency provisions from a comparative perspective.
The praxis of application of emergencies clauses in time of peace and in time of war. States of emergency and rule of law.
Teaching methods
The learning objectives and the expected learning outcomes will be achieved through:
a) frontal lessons (70% of the lessons) with the aim to introduce the students to the methodologies of comparative constitutional law, to the distinction between constituent power and amending power, to the content of constitutional emergency provisions in different countries and the taxonomy thereof.
b) direct involvement of attending students (30% of the lessons) in the analysis and discussion of different states of emergency in time of peace and in time of war with the aim to develop their comparative approach and their communication skills.
In order to be considered as an attending student, the minimum attendance threshold is set at 2/3 of classes + 1 class.
a) frontal lessons (70% of the lessons) with the aim to introduce the students to the methodologies of comparative constitutional law, to the distinction between constituent power and amending power, to the content of constitutional emergency provisions in different countries and the taxonomy thereof.
b) direct involvement of attending students (30% of the lessons) in the analysis and discussion of different states of emergency in time of peace and in time of war with the aim to develop their comparative approach and their communication skills.
In order to be considered as an attending student, the minimum attendance threshold is set at 2/3 of classes + 1 class.
Teaching Resources
Attending students
First Module:
G. Ferrari, Introduction to Italian Public Law, Giuffré, 2022, pp. 33-56, 185-189; A. Weber, European Constitutions Compared, Hart Publishing, 2019, pp. 1-34; J. W. Müller, M. Schor, and G. Jacobsohn, Militant Democracy and Constitutional Identity, in G. Jacobsohn and M. Schor (eds.), Comparative Constitutional Theory, Elgar Publishing, 2018, pp. 415-435.
Second Module:
C. Bjørnskov, S. Voigt, The Architecture of Emergency Constitutions, in C. Bjørnskov, S. Voigt, State of Emergency: An Economic Analysis. Cambridge University Press, 2024, pp. 7-43; O. Gross, F. Ní Aoláin, Models of accommodation, in O. Gross, F. Ní Aoláin, Law in Times of Crisis: Emergency Powers in Theory and Practice, Cambridge University Press; 2006, pp. 17-85.
Learning materials concerning single case will be uploaded on the Ariel website of the course.
Non attending students
First Module:
G. Ferrari, Introduction to Italian Public Law, Giuffré, 2022, pp. 33-56, 185-189; A. Weber, European Constitutions Compared, Hart Publishing, 2019, pp. 1-34; M. Tushnet, Advanced Introduction to Comparative Constitutional Law, Elgar Publishing, 2018 (Chapters 1-3) pp. 1-82; J. W. Müller, M. Schor, and G. Jacobsohn, Militant Democracy and Constitutional Identity, in G. Jacobsohn and M, Schor (eds.), Comparative Constitutional Theory, Elgar Publishing, 2018, pp. 415-435.
Second Module:
A. Greene, Permanent States of Emergency and the Rule of Law: Constitutions in an Age of Crisis, Oxford: Hart Publishing, 2018, pp. 1-214.
First Module:
G. Ferrari, Introduction to Italian Public Law, Giuffré, 2022, pp. 33-56, 185-189; A. Weber, European Constitutions Compared, Hart Publishing, 2019, pp. 1-34; J. W. Müller, M. Schor, and G. Jacobsohn, Militant Democracy and Constitutional Identity, in G. Jacobsohn and M. Schor (eds.), Comparative Constitutional Theory, Elgar Publishing, 2018, pp. 415-435.
Second Module:
C. Bjørnskov, S. Voigt, The Architecture of Emergency Constitutions, in C. Bjørnskov, S. Voigt, State of Emergency: An Economic Analysis. Cambridge University Press, 2024, pp. 7-43; O. Gross, F. Ní Aoláin, Models of accommodation, in O. Gross, F. Ní Aoláin, Law in Times of Crisis: Emergency Powers in Theory and Practice, Cambridge University Press; 2006, pp. 17-85.
Learning materials concerning single case will be uploaded on the Ariel website of the course.
Non attending students
First Module:
G. Ferrari, Introduction to Italian Public Law, Giuffré, 2022, pp. 33-56, 185-189; A. Weber, European Constitutions Compared, Hart Publishing, 2019, pp. 1-34; M. Tushnet, Advanced Introduction to Comparative Constitutional Law, Elgar Publishing, 2018 (Chapters 1-3) pp. 1-82; J. W. Müller, M. Schor, and G. Jacobsohn, Militant Democracy and Constitutional Identity, in G. Jacobsohn and M, Schor (eds.), Comparative Constitutional Theory, Elgar Publishing, 2018, pp. 415-435.
Second Module:
A. Greene, Permanent States of Emergency and the Rule of Law: Constitutions in an Age of Crisis, Oxford: Hart Publishing, 2018, pp. 1-214.
Assessment methods and Criteria
Attending students:
The final exam is oral and consists of four questions:
two questions on the first part of the program aimed at making sure that the students have a comprehensive understanding of the comparative constitutional methodology and of comparative law concerning forms of State, constitution making processes, amending procedures and judicial review in the background of the transitional legal orders influence on constitutional law;
- two questions on the second part of the program aimed to verify whether the students can express critically an overall comparative assessment of emergency powers and can apply the knowledge, the methodology, and the skills acquired to different cases. The power point presentation in class of two cases at least in comparative perspective will be evaluated (from 1 up to 2 points) during the final oral exam.
The final grade will be expressed in thirties (0/30).
Non-attending students:
The final exam is oral and consists of six questions:
three questions on the first part of the program aimed at making sure that the students have a comprehensive understanding of the comparative constitutional methodology and of comparative law concerning forms of State, constitution making processes, amending procedures and judicial review in the background of the transitional legal orders influence on constitutional law.
- three questions on the second part of the program aimed to verify whether the students can express critically an overall comparative assessment ofemergency powers and can apply the knowledge, the methodology, and the skills acquired to different cases.
The final grade will be expressed in thirties (0/30).
The final exam is oral and consists of four questions:
two questions on the first part of the program aimed at making sure that the students have a comprehensive understanding of the comparative constitutional methodology and of comparative law concerning forms of State, constitution making processes, amending procedures and judicial review in the background of the transitional legal orders influence on constitutional law;
- two questions on the second part of the program aimed to verify whether the students can express critically an overall comparative assessment of emergency powers and can apply the knowledge, the methodology, and the skills acquired to different cases. The power point presentation in class of two cases at least in comparative perspective will be evaluated (from 1 up to 2 points) during the final oral exam.
The final grade will be expressed in thirties (0/30).
Non-attending students:
The final exam is oral and consists of six questions:
three questions on the first part of the program aimed at making sure that the students have a comprehensive understanding of the comparative constitutional methodology and of comparative law concerning forms of State, constitution making processes, amending procedures and judicial review in the background of the transitional legal orders influence on constitutional law.
- three questions on the second part of the program aimed to verify whether the students can express critically an overall comparative assessment ofemergency powers and can apply the knowledge, the methodology, and the skills acquired to different cases.
The final grade will be expressed in thirties (0/30).
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 6
Lessons: 40 hours
Professors:
Filippini Caterina, Nocera Laura
Educational website(s)
Professor(s)
Reception:
Room 6