Advanced Comparative Public Law

A.Y. 2017/2018
6
Max ECTS
45
Overall hours
SSD
IUS/21
Language
Italian
Learning objectives
The course aims at analysing the constitutional features of the most important Latin American States (such as Argentina, Mexico, Brazil).
Expected learning outcomes
- knowledge of fundamental features of Latin American States and understanding of their constitutional and cultural foundations;
- skills in applying the constitutional principles analysed to the different praxis
of these States;
- skills in construction of an autonomous evaluation of the essential topics of the course;
- the adequate use of legal terms and expressions that are part of tradition and the indigenous inheritance of the Latin American peoples;
- learning skills of a methodology, useful for solving the new problems related to the development of multicultural issues and legal pluralism of the State.
Course syllabus and organization

Single session

Responsible
Lesson period
Second semester
Course syllabus
Teaching program

The course aims at studying the constitutional features of the most important Latin-American States (such as Argentine, Mexico, Brazil). Of these systems will be analyzed, with particular care, the following, fundamental topics: the federalist structure, the presidential form of government, the guarantees of fundamental rights, the judicial review. The analysis of these basic aspects of Latin-American States will be realized through their rich constitutional history and with the comparative methodology, without forgetting that these systems are founded not only on European or American constitutional principles, but on indigenous traditions. For this reason a special emphasis will be placed on the study of the so-called new constitutionalism of the Andean Region (the Constitutions of Ecuador and Bolivia).
Some lectures of the course could be held in Spanish by visiting Professors.


Educational Aims of the course:

- knowledge of fundamental features of Latin-American States, object of the course, and understanding of their constitutional and cultural foundations;
- skills in applying the constitutional principles analyzed to the different praxis
of these States;
- skills in construction of an autonomous evaluation of the essential topics of the course;
- adequate using of legal terms and expressions that are part of tradition and of the indigenous inheritance of the Latin-American peoples;
- learning skills of a methodology, useful for solving the new problems related to the development of multicultural issues and legal pluralism of the State.

The exam

The exam will be oral.

Bibliographical References

For the exam's preparation the students could use the following texts:

S. Bagni (cur.), Dallo Stato del bienestar allo Stato del buen vivir. Innovazione e tradizione nel costituzionalismo latino-americano, Filodiritto, Bologna, 2013;

L. Pegoraro, La Costituzione brasiliana del 1988 nella chiave di lettura dell'art. 1, Filodiritto, Bologna, 2015;

and one of the following:

M. Rosti, Argentina, Il Mulino, Bologna, 2011.
(Cap. III - IX, pages 43-144)

T. Salvino, L'Argentina tra democrazia e golpe, Franco Angeli, Milano, 2012
(pages 9-21, 52-89, 140-199).

For the students who attend the lessons, it will be possible to agree on different texts and on different form of exam.
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 6
Lessons: 45 hours
Professor: Iacometti Miryam
Professor(s)