FORMS OF STATE AND FORMS OF GOVERNMENT
Learning outcomes of the course unit
The course aims to provide methodological tools for understanding the evolution of the State and its functions and for framing principles and rules of modern constitutional legal orders. Particular attention will be dedicated to the study of “forms of state” and “forms of government” in a comparative perspective.
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 legal models.
In relation to the applying knowledge and understanding, the course will enable students to understand the different legal phenomena and to analyse specific cases, in order to verify the possible application of the learned theoretical assumptions in relation to new questions and challenges.
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.
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.
Course contents summary
Definitions of State and Sovereignty. Forms of State: notions and classifications. Forms of government and their peculiar characters. Constitutional structures and relationships between constitutional organs.
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).
G. Rolla, Elementi di diritto costituzionale comparato, Giuffrè, 2014 (Chapters I, II, III and IV)
G. Amato, F. Clementi, Forme di stato e forme di governo, Il Mulino, 2012.
Students can choose one of these books:
L. Pegoraro, La Costituzione brasiliana del 1988 nella chiave di lettura dell'articolo 1, Filodiritto editore, 2015.
M. Ganino, Russia, Il Mulino, 2010.
D. Amirante, India, Il Mulino, 2007.
A. Rinella, Cina, Il Mulino, 2006.
V. Federico, Sudafrica, Il Mulino, 2009.
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 and seminars.
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.
The making judgements will be assessed by inviting the student to formulate personal considerations on specific case studies.
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.