Comparative Constitutional Justice
A.Y. 2021/2022
Learning objectives
The course aims at developing the following skills:
- Knowledge and understandings: knowledge of the main models of constitutional justice and their possible development in hybrid forms; knowledge and understanding of the importance of constitutional jurisprudence in the description of the form of government; knowledge of the most significant rulings of foreign judges on rights.
- Applying knowledge: ability to read and understand rulings of foreign Constitutional court, ability to critically examine the role of Constitutional justice in different legal systems; ability to identify and understand the aim of the rulings relating to the distribution of powers;
- Autonomy of judgment: students shall be able to evaluate the rulings of Constitutional and Supreme Courts and their reasoning.
- Communication skills: students shall communicate their knowledge about the case-law studied in the course with an adequate use of legal terms. They also shall express their personal opinions relating to the cases studied.
- Knowledge and understandings: knowledge of the main models of constitutional justice and their possible development in hybrid forms; knowledge and understanding of the importance of constitutional jurisprudence in the description of the form of government; knowledge of the most significant rulings of foreign judges on rights.
- Applying knowledge: ability to read and understand rulings of foreign Constitutional court, ability to critically examine the role of Constitutional justice in different legal systems; ability to identify and understand the aim of the rulings relating to the distribution of powers;
- Autonomy of judgment: students shall be able to evaluate the rulings of Constitutional and Supreme Courts and their reasoning.
- Communication skills: students shall communicate their knowledge about the case-law studied in the course with an adequate use of legal terms. They also shall express their personal opinions relating to the cases studied.
Expected learning outcomes
At the end of the course, students can know the main models of foreign constitutional justice and consolidate their knowledge in topics already acquired in the courses of constitutional law, comparative public law and Italian constitutional justice. Thanks to the direct reading of the sentences students will have the opportunity to understand how the interpretation of the Constitutional norms adjust the content of rights and the form of government. Comparative law, in addiction, will enable students to understand different solutions to the same issues. Finally, the analysis of the argumentative process of the rulings will be a laboratory to understand the "work of the interpreter": the discussion of the thesis will upgrade critical skills, judgment skills and communication skills.
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
The lessons will be held through Microsoft Teams or in usual way, as frontal lessons, if health emergency should end.
The exams will be held through Microsoft Teams or in usual way if health emergency should end.
The exams will be held through Microsoft Teams or in usual way if health emergency should end.
Course syllabus
- The history and models of constitutional adjudication
- Structure and functions of Constitutional Courts; comparative analysis of the different organizational forms;
- Analysis of the different forms of distribution of powers between Federation/Member State or State/Regions
- Analysis of significant rulings on the distribution of powers and individual rights
- Structure and functions of Constitutional Courts; comparative analysis of the different organizational forms;
- Analysis of the different forms of distribution of powers between Federation/Member State or State/Regions
- Analysis of significant rulings on the distribution of powers and individual rights
Prerequisites for admission
Public Comparative Law
Teaching methods
The theoretical frontal lessons will be supported by slides. The analysis of case studies will be carried out with the participation of students.
Teaching Resources
M. Caielli - E. Palici di Suni, La giustizia costituzionale nelle democrazie contemporanee, Cedam, Padova, 2017
alternatively
L. Pegoraro, Sistemi di giustizia costituzionale, Giappichelli, Torino, 2019 (limited to the following parts: pp. 1-26; pp. 30-36; pp. 40-71; pp. 73-190).
Attending students may agree on individual programs according to their specific preference.
alternatively
L. Pegoraro, Sistemi di giustizia costituzionale, Giappichelli, Torino, 2019 (limited to the following parts: pp. 1-26; pp. 30-36; pp. 40-71; pp. 73-190).
Attending students may agree on individual programs according to their specific preference.
Assessment methods and Criteria
The exam will be an oral test and it will assess the students'skills in understanding the fundamental topics of the subject and in interpreting Constitutional Courts' rulings. Students who will attend the course could be asked to write short papers, before the oral exam.
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 6
Lessons: 42 hours
Professors:
Ragone Giada, Violini Lorenza
Professor(s)