Comparative Public Law

A.Y. 2019/2020
9
Max ECTS
60
Overall hours
SSD
IUS/21
Language
Italian
Learning objectives
The course - while simultaneously taking into consideration the interaction between constitutional law and transnational law - introduces the students to the comparative method with the aim to develop an understanding of the forms of state, forms of government and processes of decentralization in the main extra-European countries. In order to achieve these learning objectives on this course we will provide tools for learning the comparative method; b) we will identify the peculiarities of the interaction between constitutional and transnational law and consequentially: c) we will analyze in a comparative perspective the political and constitutional systems of the main extra-European countries. At the same time the students will be in small groups directly involved in the analysis, comparison and discussion of several case studies submitted to them in order to apply in a critical manner the knowledge learned in the classroom. The special part of the course will be devoted to the analysis in a comparative perspective of the political systems of the "Brics" countries (Brazil, Russia, India, China and South Africa) that are characterized by different forms of state and government, but which have succeeded in starting the formation of a new legal network between them, although difficult to preserve.
Expected learning outcomes
At the end of the course, students are expected to: have understood the fundamentals of the comparative method; have learned about the differences and similarities between the constitutional systems of the main extra-European states, including those of the "BRICS" countries and the interaction between their constitutional orders and transnational law; have acquired through the analysis, discussion and presentation of case studies a good capacity for critical analysis and communication issues of public comparative law; are able to apply the comparative method to new case studies that concern the extra-European state institutions, also with the aim of verifying the impact of their institutional changes on international relations and vice versa.
Course syllabus and organization

Unique edition

Responsible
Lesson period
First trimester
Course syllabus
Attending students:
First module:
Classification of forms of State and of forms of Government. Relations between center and periphery: federal States, regional States and devolution processes.
Second module
Constituent power and/or constituted power. Imposed constitutions, international organizations and constitutionalism, constitutional transitions and the creation of party system in the experience of non-European countries. The role of the Constitutional Courts in the new States.
Third module:
Comparative analysis of the Brics countries legal systems (Brazil, Russia, India, China and South Africa) paying particulary attention to the relationship between protection of human rights and economic policies.

Not attending students:
First module:
Classification of forms of State and of forms of Government. Relations between center and periphery: federal States, regional States and devolution processes.
Second module
Constituent power and/or constituted power. Imposed constitutions, international organizations and constitutionalism, constitutional transitions and the creation of party system in the experience of non-European countries. The role of the Constitutional Courts in the new States.
Third module:
Comparative analysis of the Brics countries legal systems (Brazil, Russia, India, China and South Africa) paying particulary attention to the relationship between protection of human rights and economic policies.
Prerequisites for admission
Public Law or Constitutional Law
Teaching methods
The course consists in frontal lessons with the aim to introduce the students to the theoretical fundamentals of the course and to the methodologies of comparative constitutional law. The students will be also involved in discussion of case studies with the aim to develop their comparative approach, their capacity of expressing objective judgments and their communication skill. It will be also used the ariel platform: https://cfilippinidpc.ariel.ctu.unimi.it/v5/Home/
Bibliography
Attending students:
First module:
G. Morbidelli, L. Pegoraro, A. Rinella, M. Volpi, Diritto pubblico comparato, G. Giappichelli Editore, Torino, 2016, pp. 1-39, 100-109, 255-487.
Second module:
G. Morbidelli, L. Pegoraro, A. Rinella, M. Volpi, Diritto pubblico comparato, G. Giappichelli Editore, Torino, 2016, pp. 117-254, 547-578 e materiali presentati a lezione.
Third module:
One of the following books at your choice: A. Rinella, Cina, il Mulino, 2005; D. Amirante, India, il Mulino, 2007, V. Federico, Sudafrica, il Mulino, 2009, M. Ganino, Russia, il Mulino, 2010.

Not attending students:
First module:
G. Morbidelli, L. Pegoraro, A. Rinella M. Volpi, Diritto pubblico comparato, G. Giappichelli Editore, Torino, 2016, pp. 1-82, 100-109, 255-529.
Second module:
G. Morbidelli, L. Pegoraro, A. Rinella, M. Volpi, Diritto pubblico comparato, G. Giappichelli Editore, Torino, 2016, pp. 117-254, 547-601 and AA. VV., Le trasformazioni costituzionali del secondo millennio, Maggioli editore, 2016.
Third module:
L. Scaffardi (a cura di), BRICS: Paesi emergenti nel prisma del diritto comparato, Giappichelli, 2012 plus one of the following books at your choice: A. Rinella, Cina, il Mulino, 2005; D. Amirante, India, il Mulino, 2007, V. Federico, Sudafrica, il Mulino, 2009, M. Ganino, Russia, il Mulino, 2010.
Assessement methods and criteria
Attending students.
For students attending the course, there is the possibility of carrying out an optional intermediate written test consisting of three questions (two concerning the first module of the course and one concerning the first part of the second module of the course). The grade obtained in the intermediate written exam will be averaged with the grade obtained in the final oral exam which will consist of three other questions (one on the second part of the second module and two on the third module).
For attending students, not taking the intermediate written test, the final examination is oral and consists of six questions (two for each module).
Both the intermediate written test and the oral final exam is aimed to verify that attending students are able to properly apply the knowledge, the methodology, the skills and the legal terminology acquired during the course.

Not attending students:
For not attending students the final examination is oral and consists of six questions (two on each module).

The oral final exam is aimed to verify that not attending students are able to properly apply the knowledge, the methodology, the skills and the legal terminology acquired during the course.
Unità didattica 1
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 3
Lessons: 20 hours
Unità didattica 2
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 3
Lessons: 20 hours
Unità didattica 3
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 3
Lessons: 20 hours
Educational website(s)
Professor(s)
Reception:
EACH WEDNESDAY FROM 2 PM UNTIL 5 PM THE STUDENTS MAY DISCUSS THEIR THESIS WITH PROF. FILIPPINI USING MICROSOFT TEAM OR VIA SKYPE. THE ACCESS CODES ARE INSERTED IN THE ARIEL SITE OF THE COURSE OF CONSTITUTION BUILDING