COMPARATIVE PUBLIC LAW (RIGHTS)
Learning outcomes of the course unit
The teaching of comparative public law is split into two separate 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 relative professor.
Through the study of constitutional and regular law, the course will specifically examine the models and techniques of safeguarding fundamental rights within Italian and comparative constitutional law and from a comparative “European” perspective (Court of Justice and European Court of Human Rights).
For the purpose of exam preparation, the syllabus is divided into a general part and several specialised parts - to be chosen by the student - with relevant recommended texts.
Course contents summary
Theories and models of constitutionalism of rights. Safeguarding the individual, equality (formal and actual) and solidarity in a constitutional context. Rights “outside” national constitutions: European integration through rights; rights and regional evolution. Evolutional profiles and unusual aspects of the constitutionalism of rights. Some examples: right to sexual identity, “environmental” rights and rights of future generations, rights and bioethical issues (euthanasia and right to die, right to procreate and assisted fecundation techniques, right to informed consent in healthcare, …), rights within a multi-cultural context, rights and new communication technologies, rights of workers and changes in the work environment, equal opportunity and anti-discrimination. Role of judges (especially constitutional judges) in the conformation of rights and the elaboration and management of techniques of safeguarding them.
Specialised part: new contents and new ways of safeguarding fundamental rights, including the evolution of constitutional language and orientation of both regular and constitutional court judges.
1) P. CARETTI, I diritti fondamentali, Giappichelli, Torino, ultima edizione;
1) A. D’ALOIA (a cura di), Biotecnologie e valori costituzionali. Il contributo della giustizia costituzionale, Torino, Giappichelli, 2005 (a choice of three essays)
2) T. GROPPI (a cura di), Democrazia e terrorismo, Napoli. Editoriale scientifica, 2006 (a choice of three essays).