Comparative Public Law

A.Y. 2020/2021
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: a) 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 and their recent constitutional reforms, also taking into consideration the states of emergency introduced in some of them in response to the coronavirus crisis.
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 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 political institutional changes on international relations.
Course syllabus and organization

Single session

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
Constitutional amendments and Constitutional courts. Analysis in comparative perspective of the legal systems of some non-European countries, including the United States, Canada, Brazil, Russia, China.
Third module
Recent constitutional reforms in Latin American Countries, in the Republics of former Ussr and in MENA States


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
Constitutional amendments and Constitutional courts. Analysis in comparative perspective of the legal systems of some non-European countries, including the United States, Canada, Brazil, Russia, China.
Third module
Recent constitutional reforms in Latin American Countries, in the former Soviet Republics and in MENA States
Prerequisites for admission
Public law or Constitutional law
Teaching methods
he 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/
Teaching Resources
Attending students:
First module:
G. Morbidelli, Diritto pubblico comparato, G. Giappichelli Editore, Torino, 2016, pp. 1-39, 100-109, 255-325, 359-382, 405-464. 117-178, 243-254.
Second module:
G. Morbidelli, L. Pegoraro, A. Rinella, M. Volpi, Diritto pubblico comparato, G. Giappichelli Editore, Torino, 2016, pp. 179- 254, 547-578 and, at your choice, two of the following books: A. Rinella, Cina, il Mulino, 2005; T. Groppi, Canada, 2006, D. Amirante, India, il Mulino, 2007, M. Ganino, Russia, il Mulino, 2010, C. Bassu, Australia, il Mulino, 2012,
Third module:
Documents and article in Ariel

Not attending student:
First module:
G. Morbidelli, Diritto pubblico comparato, G. Giappichelli Editore, Torino, 2016, pp. 1-39, 100-109, 255-325, 359-382, 405-464. 117-178, 243-254.
Second module:
G. Morbidelli, L. Pegoraro, A. Rinella, M. Volpi, Diritto pubblico comparato, G. Giappichelli, Torino, 2016, pp. 179- 254, 547-578; L. Scaffardi (a cura di), BRICS: Paesi emergenti nel prisma del diritto comparato, Giappichelli, 2012 and, at your choice, one of the following books: T. Groppi, Canada, 2006, C. Bassu, Australia, il Mulino, 2012.
Third module
AA. VV., Le trasformazioni costituzionali del secondo millennio, Maggioli editore, 2016.
Assessment 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 concerning the first module. The grade obtained in the intermediate written exam will be averaged with the grade obtained in the final oral exam which will consist in other three question related to the second module and two questions concerning the third module.
For attending students, not taking the intermediate written test, the final examination is oral and consists of three questions concerning the first module, three question related to the second module and two questions concerning the third module.

Both the intermediate written test and the oral final exams are aimed to verify that the 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 three questions concerning the first module, three question related to the second module and two questions concerning the third module.

The oral final exams is aimed to verify that the not attending students are able to properly apply the knowledge, the methodology, the skills and the legal terminology acquired during the course.
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 9
Lessons: 60 hours
Professor: Filippini Caterina
Educational website(s)
Professor(s)
Reception:
MONDAY, 7 SEPTEMBER AND MONDAY 14 SEPTEMBER THE STUDENTS MAY DISCUSS THEIR THESIS WITH PROF. FILIPPINI USING MICROSOFT TEAMS FROM 9.00 AM UNTIL 12.00 AM.. THE ACCESS CODE IS INSERTED IN THE ARIEL SITE OF THE COURSE OF CONSTITUTION BUILDING
MICROSOFT TEAMS