The course unit in “Principles of Constitutional Law” is made up of two distinct Modules.
Module I covers the first part of the course unit. It provides a basic understanding of the foundations of constitutional law, in particular with reference to its main contents both in Western and in some non-Western legal and historical traditions. It also addresses the question of the constitutional dimension of EU law as well as of cosmopolitan law, thus contouring the most challenging new developments of constitutionalism beyond the borders of the nation-state.
Module II covers the rest of the course unit and provides some deepening of the general contents examined in the first part. It focuses on the different features of the concept of legal (and constitutional) principle and explores the developments of the theory and practice of principles both in the context of Western civil law/common law systems and in the experiences of “new constitutionalism”.
Module I
The contents of the concept of constitution.
The Western constitutional tradition: autocracy vs. democracy.
The division of powers as the first means for the limitation and control of public power.
The main forms of government: the parliamentary system, presidential system, and semi-presidential system.
Federalism (and regionalism) as the second means of limiting and controlling public power.
The taxonomy of fundamental rights: civil, political and social rights; individual and collective rights; first, second and third generation rights. The rights of non-human beings.
Electoral systems: plurality system; majoritarian system; proportional system.
The nation as the community of citizens vs. the nation as an expression of ethnicity.
Systems of constitutional adjudication; competences of constitutional courts.
Non-Western constitutional traditions: East-Asian constitutions; Islamic Constitutions; One-Party Constitutions.
Postnational constitutionalism: supranational organizations; global governance; cosmopolitan constitutionalism; global economic constitutions.
Module II
The concept of legal principle and its relevance in the legal and constitutional theory. The doctrine of principles and the debate concerning the specificity of constitutional interpretation in the context of the U.S. common law and European civil law.
The practice of principles in constitutional adjudication. The standard of reasonableness and its relation with equality and proportionality. Basic developments of the reasonableness control in the common law and civil law traditions.
Developments of the “principles theory” and the emergence of the “new constitutionalism” in Latin America and the “Global South”. The protection of minorities and the issues of environmental justice.
New challenges of contemporary constitutionalism vis-à-vis the growing impact of new technologies.
Module I covers the first part of the course unit. It provides a basic understanding of the foundations of constitutional law, in particular with reference to its main contents both in Western and in some non-Western legal and historical traditions. It also addresses the question of the constitutional dimension of EU law as well as of cosmopolitan law, thus contouring the most challenging new developments of constitutionalism beyond the borders of the nation-state.
Module II covers the rest of the course unit and provides some deepening of the general contents examined in the first part. It focuses on the different features of the concept of legal (and constitutional) principle and explores the developments of the theory and practice of principles both in the context of Western civil law/common law systems and in the experiences of “new constitutionalism”.
Module I
The contents of the concept of constitution.
The Western constitutional tradition: autocracy vs. democracy.
The division of powers as the first means for the limitation and control of public power.
The main forms of government: the parliamentary system, presidential system, and semi-presidential system.
Federalism (and regionalism) as the second means of limiting and controlling public power.
The taxonomy of fundamental rights: civil, political and social rights; individual and collective rights; first, second and third generation rights. The rights of non-human beings.
Electoral systems: plurality system; majoritarian system; proportional system.
The nation as the community of citizens vs. the nation as an expression of ethnicity.
Systems of constitutional adjudication; competences of constitutional courts.
Non-Western constitutional traditions: East-Asian constitutions; Islamic Constitutions; One-Party Constitutions.
Postnational constitutionalism: supranational organizations; global governance; cosmopolitan constitutionalism; global economic constitutions.
Module II
The concept of legal principle and its relevance in the legal and constitutional theory. The doctrine of principles and the debate concerning the specificity of constitutional interpretation in the context of the U.S. common law and European civil law.
The practice of principles in constitutional adjudication. The standard of reasonableness and its relation with equality and proportionality. Basic developments of the reasonableness control in the common law and civil law traditions.
Developments of the “principles theory” and the emergence of the “new constitutionalism” in Latin America and the “Global South”. The protection of minorities and the issues of environmental justice.
New challenges of contemporary constitutionalism vis-à-vis the growing impact of new technologies.
- Teacher: Sergio Dellavalle
- Teacher: Riccardo Perona