COMPARATIVE PUBLIC LAW
Learning outcomes of the course unit
The course is aimed at the comprehension and the analysis of the notion, the method and the purposes of the juridical comparison. 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).
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, 2012
(Chapter I not requested).
P.CARROZZA, A. DI GIOVINE, G.F. FERRARI (a cura di), Diritto costituzionale comparato, Edizioni
Laterza, 2009 (Part One and Part Three not requested. Pages 330-437 of Part Two not requested. Pages 816-953 of Part Four not requested)
L. SCAFFARDI (a cura di), BRICS. Paesi emergenti nel prisma del Diritto comparato, Giappichelli, 2012.
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.
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