Comparative Constitutional Law
A.Y. 2020/2021
Learning objectives
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.
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.
- 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
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
TEACHING METHODS
Classes will be delivered in distance learning modality. They will be live-streamed on Microsoft Teams, following the lessons timetable. Students will be informed through the ARIEL website of the Course, about the lessons and the possibility to attend in person some classes at the University premises. This possibility will depend upon the evolution of the emergency and related safety measures.
SYLLABUS AND TEACHING RESOURCES
The course programme and the reference material are unchanged. Reference materials will be uploaded to the Ariel course website.
ASSESSMENT METHODS AND CRITERIA
Assessment methods will not change, except that oral and written exam may take place by remote through distance learning platforms (Microsoft Teams for oral exams and exam.net for written exams). Instructions will be posted on the ARIEL website of the course.
In case the possibility of exams in persons will be reinstated at the material time, students unable to be physically present will be offered an alternative method from distance.
Classes will be delivered in distance learning modality. They will be live-streamed on Microsoft Teams, following the lessons timetable. Students will be informed through the ARIEL website of the Course, about the lessons and the possibility to attend in person some classes at the University premises. This possibility will depend upon the evolution of the emergency and related safety measures.
SYLLABUS AND TEACHING RESOURCES
The course programme and the reference material are unchanged. Reference materials will be uploaded to the Ariel course website.
ASSESSMENT METHODS AND CRITERIA
Assessment methods will not change, except that oral and written exam may take place by remote through distance learning platforms (Microsoft Teams for oral exams and exam.net for written exams). Instructions will be posted on the ARIEL website of the course.
In case the possibility of exams in persons will be reinstated at the material time, students unable to be physically present will be offered an alternative method from distance.
Course syllabus
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, Spain); examples of comparison linked both to the form of government (Upper Chambers, instruments of direct democracy, constitutional justice) and to the new rights (end of life, heterologous fertilization, vaccines, religious freedom).
Prerequisites for admission
None
Teaching methods
The teacher will use:
a) frontal lessons;
b) thematic insights discussed with active partecipation of students
a) frontal lessons;
b) thematic insights discussed with active partecipation of students
Teaching Resources
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.
6 credits:
- AA. VV., Comparative Constitutions, Turin, Giappichelli, 2017.
Students who attend 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 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.
6 credits:
- AA. VV., Comparative Constitutions, Turin, Giappichelli, 2017.
Students who attend 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 consist in an oral examination on fundamental notions of the subject as presented into the program of the course. 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 (Multiple Choice 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).
Students who attended the course can access a written test (Multiple Choice 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).
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 9
Lessons: 63 hours
Professor:
Osti Alessandra
Professor(s)
Reception:
In order to schedule an appointment, please write at: [email protected]
the appointements will be held on line on Teams platform or in presence