ITALIAN AND COMPARATIVE CONSTITUTIONAL LAW
Learning outcomes of the course unit
The course aims to provide methodological tools and theoretical foundations of comparative law through, first of all, 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 the forms of state and the 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, also 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 the ability to develop new topic in the comparative law field through the study of 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 analyse 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 individually assess 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 appropriately and comprehensively, using a correct language (technical legal terms), paying special attention to the development of interpretative processes structured on the basis of 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 analyze on their own the relevant case studies and to do researches.
Course contents summary
General Part: 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 judges and Constitutional Courts. The role of judges (especially constitutional ones) in the configuration of rights and in the development and management of new protection techniques of rights.
The special part of the course will be reserved for some emerging Countries of particular importance for the study of comparative constitutional law, such as: Brazil, Russia, India, China and South Africa (also known as BRICS).
T. E. FROSINI, Diritto Pubblico Comparato. Le democrazie stabilizzate, Il Mulino, 2019 (full text).
L. SCAFFARDI (a cura di), BRICS. Paesi emergenti nel prisma del Diritto comparato, Giappichelli, 2012 (full text)
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, G. CERRINA, E. FROSINI, A. TORRE, Codice delle Costituzioni, vol. 1, Cedam, 2015.
The course is divided into lectures (54 hours). During the course there will be 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 (vote on thirty) is conducted through oral exam.
The knowledge and understanding will be assessed through three questions in order to test the knowledge of the theoretical concepts of comparative law.
The applying knowledge and understanding 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.