Aim of the course is to develop the knowledge of comparative constitutional law in theory and practice. In the first part, the course will offer theoretical overview of the methodology of comparative law and will examine the forms of state and forms of government closely. The course will therefore study some constitutional systems of selected Countries belonging to the Western legal tradition. In the second part, the course will investigate relevant case law in comparative perspective. Students may be asked to read additional material useful for the lessons. During the course it would be possible that some class could be teach by some foreign Professors.
Expected learning outcomes
The course will lead to the following outcomes: - students shall know the fundamental aspects comparative law methodology and historical development of comparative constitutional law - students shall be able to understand the notions acquired during the course and to apply them to the current issues and ongoing case law in a comparative law perspective. - students shall be able to make accurate judgments on the main comparative constitutional law issues. Students shall be able to assess the importance, but also the critical points, of the comparative methodology; - students shall be able to express notions and opinions correctly, using the appropriate terminology; - students shall acquire good individual study skills and shall apply the acquired notions to different constitutional systems.
Lesson period: Second semester
(In case of multiple editions, please check the period, as it may vary)
The program provides for the presentation and discussion of the following topics: origins of the comparison and comparative method; forms of state and forms of government; horizontal and vertical division of powers; study of the constitutional systems of some legal systems (in particular the USA, the United Kingdom, France, Germany, Poland); examples of comparison linked both to the form of government (Upper Chambers, instruments of direct democracy, constitutional justice, comparative models of NHS) and to the new rights (science and law, GMOs, end of life, heterologous fertilization, vaccines, religious freedom).
Prerequisites for admission
The teachers will use: a) frontal lessons; b) thematic insights discussed with students
9 credits: Two possible options: - T. E. FROSINI (edited by), Comparative public law. Stabilized democracies, Bologne, Il Mulino, 2019; or - G. BOGNETTI, The division of powers, Milan, Giuffré, 2001 and AA. VV., Comparative Constitutions, Turin, Giappichelli, 2017.
Students who attends the course can access a written test on topics explained during classes. Those who succeeds in written test will have a program reduction for the oral examination.
Assessment methods and Criteria
The final exam will be an oral examination on fundamental notions of the subject as presented into the program. Students will be evaluated also for their exposition and reasoning skills. The final mark is expressed in numbers (min 18, max 30 cum laude). Students who attended the course can access a written test on topics explained during classes. Those who succeeds in written test will have a program reduction for the oral examination (two chapters of AA. VV., Costituzioni comparate, Turin, Giappichelli, and G. BOGNETTI, La divisione dei poteri, Milan, Giuffré, 2001).