COMPARATIVE PUBLIC LAW (RIGHTS)
Learning outcomes of the course unit
The teaching of comparative public law is split into two independent courses and divided not by alphabetical letter but by topic. Students may choose the course that best suits their interests and sit the examination with the relevant teacher.
Through the study of constitutional and common law, the course sets out specifically to explore aspects connected to models and techniques for safeguarding fundamental rights in Italian and comparative constitutional law, and from the European “constitutional” viewpoint (European Court of Justice and Court of Human Rights).
Course contents summary
Theories and models of the constitutionalism of rights. Safeguarding the individual, equality (formal and actual) and solidarity in a constitutional context. Rights “beyond” national constitutions: European integration through rights; rights and the development of regionalism. Outlines of the development and unusual aspects of the constitutionalism of rights. Some examples: the right to sexual identity, “environmental” rights and rights of future generations, rights and bioethical issues (euthanasia and the right to die, the right to reproduce and assisted fecundation techniques, the right to informed consent in healthcare, etc.), rights in view of multiculturalism, rights and new communication technologies, the rights of workers and changes in the work environment, equal opportunity and anti-discrimination. The role of judges (especially constitutional judges) in the shaping of rights and the development of techniques for safeguarding them.
In connection with the course programme, seminar programmes and explorations of particularly topical, relevant issues will be organised, with scholars and teachers also from other universities and institutes taking part. Course attendees will be involved in organising these seminars and preparing course materials.
M. CARTABIA, I diritti in azione, Il Mulino, Bologna, 2007.