91370 - Constitutional Law: Foundations And Global Perspectives

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Gender equality Reduced inequalities Peace, justice and strong institutions Partnerships for the goals

Academic Year 2022/2023

Learning outcomes

In accordance with the degree program’s formative objectives, this Course will expand students’ legal culture, encouraging them to look beyond national boundaries and widening their reach to public law’s transnational dimension. This has become an essential skill for any legal profession, especially for those covering advisory positions in the international context and which require a supranational perspective. In particular, this Course will provide students a strong theoretical, practical and multidisciplinary approach to the law.

Course contents

The course is divided up into three parts:

  1. the first part is devoted to presenting and discussing several theoretical constitutional law categories, that have changed due to contemporary global legal dynamics.

    More in detail, the following categories will be investigated:

    • constitution (and constitutionalism);
    • sovereignty;
    • constitutional identity;
    • rule of law;
    • fundamental rights and freedoms;
    • constitutional courts;
    • judiciary.
  2. the second part is devoted to examining the above-mentioned categories from a domestic (and supranational) perspective, focusing on the Italian constitutional and legal system.
  3. the third part is devoted to presenting and discussing several theories on Global Constitutional Law.

Readings/Bibliography

Professor Tega will upload the relevant teaching resources on the e-learning virtual platform named ‘Virtuale’.

Teaching materials include:

  • several chapters of the following textbook: M. Rosenfeld and A. Sajò (Eds.), The Oxford Handbook of Comparative Constitutional Law, Oxford: Oxford University press, 2012.
  • several chapters of the following textbook: M. Cartabia, N. Lupo, The Constitution of Italy. A contextual Analysis, Hart, 2022.
  • Academic articles from the most important Law Journals;
  • Case law;
  • Ppt presentations.

Any further information about the course contents and the reading materials will be supplied in the Syllabus, that each Instructor will upload on ‘Virtuale’ at the beginning of their own teaching module.

Teaching methods

Lectures and discussions will be entirely in English.

The Course is discussion-based and topics will be introduced and coordinated by the course Instructors. Through a combination of seminal papers and domestic, as well as supranational case-law, students will discover the debate and controversies that make up Constitutional Law’s Foundations and Perspectives. 

Students will have the possibility to engage in debates with experts and external guests.

Assessment methods

Exam

Student’s understanding and comprehension will be reviewed before the end of first term.

The exam is composed of: a written part, which consists of two “take home” open questions: the questions will be selected by the student from a list of six and they will concern the topics addressed during the first and the second teaching module. An oral part, which consists of an oral discussion about your answers.

  • Students will have to use the material provided in class, via https://virtuale.unibo.it/.
  • Instructors will assess the student’s capability to use the concepts discovered throughout the Course, as well as his/her capability to engage in a critical and well-structured discussion of the themes dealt with.

Grade range criteria:

  • 18-19: the student needs the professor’s support to prepare, develop and analyze the topics that are necessary for the written assessment. The student’s use of language is overall correct;

  • 20-24: the student can prepare, develop, and analyze issues autonomously, but only on a descriptive level. The student’s use of language is correct;

  • 25-29: the student can prepare, develop, and analyze the written assessment’s topics, as well as the ones examined throughout the Course. The student also shows an independent ability to critically assess and evaluate issues, and shows an appropriate use of specific terminology;
  • 30-30L: the student can prepare, develop, and analyze the written assessment’s topics, as well as the ones examined throughout the Course. The student also shows an independent ability to critically assess, evaluate, and connect issues. He/she fully masters specific terminology, has good reasoning skills, and is able to support an autonomous scientific position that is founded upon the themes examined in class.

 

If requested, further assessment methods will be put in place for students with different abilities, who will be accommodated as much as possible (for example, personalized exam provisions may be put in place).

 

Final Thesis

The thesis topic is jointly determined by the student and the Instructors. The editing modalities will be fixed in accordance with the Instructors. The final thesis will be delivered to the Instructors one month before the delivery to the administration office. Students are requested to check modalities and graduation session at https://corsi.unibo.it/2cycle/legal-studies/final-examination

Note for Socrates/Erasmus students

Incoming students – No other program is foreseen other than the one indicated above.

Teaching tools

Professor Tega will use slides in class.

If requested, further learning support will be given to students with disabilities, who will be accommodated as much as possible.

Office hours

See the website of Diletta Tega

See the website of Alberto Arcuri