COMPARATIVE PUBLIC LAW
Learning outcomes of the course unit
The course aims to provide methodological tools and theoretical foundations of comparative law through, first, the understanding and analysis of topics such as the notion, the manner and purpose of public/constitutional comparative law. Particular attention will be dedicated to the study of some specific aspects that characterize the evolution of forms of state and forms of government in the comparative analysis. Part of the course will be reserved for the examination of the different models and protection techniques of fundamental rights in comparative law, also through the study of the jurisprudence, and in an European constitutional perspective (European Courts of Justice and European Courts of human rights).
With reference to the knowledge and understanding, the course aims to provide students with knowledge about the relation between theory and research in the juridical comparative law and with ability to develop new topic in the comparative law through studying jurisprudence and legal models.
In relation to the applying knowledge and understanding, the course will enable students to understand the different legal phenomena and to analyze specific cases, in order to verify the possible application of the learned theoretical assumptions in relation to new questions and challenges (such as the protection of fundamental rights).
With regard to making judgements, the course aims to develop in students the ability to integrate the gained knowledge through the comparative legal analysis, in order to assess individually the applications and the legal implications of cases or judgments.
With regard communication skills, the goal of the course is to develop the ability to communicate appropriate and comprehensively, using an appropriate language (technical legal terms), paying special attention to the development an interpretative processes structured on the theoretical principles of public / constitutional comparative law.
Finally, with regard to learning skills, the course will be organized in order to allow students to acquire the theoretical and methodological tools of comparative law in order to be able to proceed on their own to the analysis of case studies and research.
Civil law, Roman Law.
It is recommended also Constitutional law.
Course contents summary
The use of comparison in the public law/constitutional law between science and method. The families of the legal systems. Forms of state: notions and classifications. Forms of government and their peculiar characters. Comparative constitutional justice among centralized or decentralized model of judicial review. Access to the Constitutional Courts: direct appeal, direct appeal of the citizens; the recurso de amparo and the protection of the rights. The “rights-outside” the national Constitutions: European integration through the rights. The new contents and the new techniques of protection of fundamental rights between the evolution of the constitutional languages and the orientations of the judges and the Constitutional Courts. The role of judges (especially constitutional ones) in the configuration of rights and in the development and management of new protections techniques of rights.
The special part of the course will be reserved for some emerging Countries which are of particular importance for the study of comparative constitutional law as: Brazil, India, China and South Africa (also known as BRICS).
Students can choose between one of these books:
G. MORBIDELLI, L. PEGORARO, A. REPOSO, M. VOLPI, Diritto pubblico comparato, Giappichelli, last edition (Chapter I not requested).
P.CARROZZA, A. DI GIOVINE, G.F. FERRARI (a cura di), Diritto costituzionale comparato, Edizioni Laterza 2014 (Volume I pages 5-292; Volume II pages 775-986 and pages 1087-1216).
Students can choose between one of these books:
L. SCAFFARDI (a cura di), BRICS. Paesi emergenti nel prisma del Diritto comparato, Giappichelli, 2012
L.SCAFFARDI (a cura di), The BRICS Group in the Spotlight. An Interdisciplinary Approach, ESI 2015 (Four chapters at the choise of students).
For the final exam it is required a deep knowledge of major European Countries’ Constitutions. In this regard, we recommend: G. CERRINA, E. FROSINI, A. TORRE, Codice delle Costituzioni, Giappichelli, 2009.
The course is divided into lectures (54 hours). In addition, during the course there will be different seminars, lessons on specific and relevant argument with the participation of professors and researchers coming also from other universities.
Students will be involved in the preparation of seminars and didactic materials.
Assessment methods and criteria
Final assessment is conducted through oral exam.
The knowledge and understanding will be assessed through one / two questions in order to test the knowledge of the theoretical concepts of comparative law.
The applying knowledge and understanding applied will be assessed by inviting students to discuss and analyze case studies and judgments.
The making judgements will be assessed by inviting the student to formulate personal considerations on specific case studies or judgments.
The communication skills will be assessed by evaluating the use of the technical and legal language and the ability to provide appropriate definitions.
The learning skills will be assessed by evaluating the acquired knowledge and the ability to make judgments.