Legal Clinic: Rule of Law and Democracy
A.Y. 2020/2021
Learning objectives
Aim of the course is to develop the knowledge of the Rule of law and Democracy. Students will explore questions related to the debate over what are the fundamental elements of Democracy and the Rule of law. These questions include: How one can define the
Expected learning outcomes
The course will lead to the following outcomes: - students shall know the fundamental aspects of the Rule of Law and Democracy and the interaction between the two concepts. - students shall be able to apply the acquired notions to different Countries. - s
Lesson period: Second semester
Assessment methods: Giudizio di approvazione
Assessment result: superato/non superato
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. All classes will be recorded and will be available on the online platform until the end of the semester.
Students will be informed as soon as possible, through the ARIEL website of the Course, if there will be a 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, and the needs and preferences of students. In this case, students willing to attend classes will be required to reserve their seat through the LezioniUnimi app (unimi.it/en Home > study > bachelor-and-master-study > following-your-programme-of-study >. Strict compliance with the COVID protocol (facemask-wearing, social distancing, hands disinfection, etc ) will be required in the classrooms and all the University premises. In any case, all classes will be live-streamed and recorded and will be available on the online platform, in order to meet the needs of those unable or unwilling to attend in person.
Classes may require prior readings and include pre-recorded components.
SYLLABUS
The course programme is unchanged. However, the specific contents of classes will adapt to the teaching methods outlined above.
TEACHING RESOURCES
Reference materials for each class will be adjusted to the distance learning modality and uploaded to the Ariel course website.
ASSESSMENT METHODS AND CRITERIA
Assessment methods will not change: the credits will be based on partecipation and on attendance and active partecipation to the LC.
Classes will be delivered in distance learning modality. They will be live-streamed on Microsoft Teams, following the lessons timetable. All classes will be recorded and will be available on the online platform until the end of the semester.
Students will be informed as soon as possible, through the ARIEL website of the Course, if there will be a 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, and the needs and preferences of students. In this case, students willing to attend classes will be required to reserve their seat through the LezioniUnimi app (unimi.it/en Home > study > bachelor-and-master-study > following-your-programme-of-study >. Strict compliance with the COVID protocol (facemask-wearing, social distancing, hands disinfection, etc ) will be required in the classrooms and all the University premises. In any case, all classes will be live-streamed and recorded and will be available on the online platform, in order to meet the needs of those unable or unwilling to attend in person.
Classes may require prior readings and include pre-recorded components.
SYLLABUS
The course programme is unchanged. However, the specific contents of classes will adapt to the teaching methods outlined above.
TEACHING RESOURCES
Reference materials for each class will be adjusted to the distance learning modality and uploaded to the Ariel course website.
ASSESSMENT METHODS AND CRITERIA
Assessment methods will not change: the credits will be based on partecipation and on attendance and active partecipation to the LC.
Course syllabus
The syllabus below indicates the key themes and issues discussed in this clinic:
- the Rule of Law: history, definition and requirements
- the Rule of Law in action: how constitutional jurisprudence has "used" the concept of the Rule of law (examples)
- Democracy and the Rule of Law: definitions and distinctions
- how the rule of law can advance suistainable development
- how to "measure" the rule of law
- from theory to practice: analysis of selected countries
- the Rule of Law: history, definition and requirements
- the Rule of Law in action: how constitutional jurisprudence has "used" the concept of the Rule of law (examples)
- Democracy and the Rule of Law: definitions and distinctions
- how the rule of law can advance suistainable development
- how to "measure" the rule of law
- from theory to practice: analysis of selected countries
Prerequisites for admission
None
Teaching methods
The first part of the clinic will be structured on lectures, but students will always have the possibility to have an open and interactive exchange of views with the Professor. Students may be required to read documents and legal materials to be discussed together with the Professor and other students.
During the second part of the LC students will be asked to conduct a brief research work (individually or in small groups) in order to analyse the Rule of law in selected Countries.
During the second part of the LC students will be asked to conduct a brief research work (individually or in small groups) in order to analyse the Rule of law in selected Countries.
Teaching Resources
This reading list is indicative - i.e. it provides an idea of texts that may be useful to students on this clinic, but it is not considered to be a compulsory reading list.
- Bingham, Tom (Lord), "The Rule of Law", London, Penguin, 2010;
- Fallon, Richard H., Jr. "'The Rule of Law' as a Concept in Constitutional Discourse." Columbia Law Review 97.1 (1997): 1-56;
- Tamanaha, Brian Z. On The Rule of Law: History, Politics, Theory. New York: Cambridge University Press, 2004;
- Jerg Gutmann, Stefan Voigt, "The rule of law: Measurement and deep roots", in European Journal of Political Economy, 54 (2018), 68-82;
- European Commission for Democracy through law (Venice Commission), RULE OF LAW CHECKLIST, Adopted in March 2016.
- Gowder, Paul A. The Rule of Law in the Real World. New York: Cambridge University Press, 2016.
- Bingham, Tom (Lord), "The Rule of Law", London, Penguin, 2010;
- Fallon, Richard H., Jr. "'The Rule of Law' as a Concept in Constitutional Discourse." Columbia Law Review 97.1 (1997): 1-56;
- Tamanaha, Brian Z. On The Rule of Law: History, Politics, Theory. New York: Cambridge University Press, 2004;
- Jerg Gutmann, Stefan Voigt, "The rule of law: Measurement and deep roots", in European Journal of Political Economy, 54 (2018), 68-82;
- European Commission for Democracy through law (Venice Commission), RULE OF LAW CHECKLIST, Adopted in March 2016.
- Gowder, Paul A. The Rule of Law in the Real World. New York: Cambridge University Press, 2016.
Assessment methods and Criteria
Credits will be based on attendance and partecipation to the clinic. In the second part of the LC, students will be asked to conduct a short research in order to apply some of the considered Rule of law benchmarks to a single Country. The students will report the results of their work in class.
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