Comparative Constitutional Justice

A.Y. 2023/2024
6
Max ECTS
42
Overall hours
SSD
IUS/21
Language
Italian
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.
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.
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
Second semester
Course syllabus
- Main models of constitutional justice
- The concept of sustainable development in the General Declarations of International Organizations and in national and supranational constitutional case-law;
- The protection of the environment, the sustainable exploitation of natural resources, food sovereignty, the rights of future generations in national and supranational constitutional case-law, in One Health perspective;
- Prevention and precaution principles in the jurisprudential context.
- Analysis of significant case-law on sustainable development.
Prerequisites for admission
Constitutional law; 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
Non attending students:
1) one book choosen between: a) M. Caielli - E. Palici di Suni, La giustizia costituzionale nelle democrazie contemporanee, Cedam, Padova, 2017 Or, alternatively b) 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).
2) the book: L. Violini, One Health. Dal paradigma alle implicazioni giuridiche, Giappichelli, Torino, 2023 (chapters no. I, II e VI)
3) the article: D. Amirante, "L'ambiente 'preso sul serio'. Il percorso accidentato del costituzionalismo ambientale", in Diritto Pubblico Comparato Europeo, Fascicolo Speciale, 2019.

Attending students may use teaching materials provided during classes and L. Violini, Temi e problemi di diritto pubblico comparato, Maggioli (chapters no. I and III)
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. 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
Educational website(s)
Professor(s)
Reception:
To schedule an appointment write to [email protected]
On Microsoft Teams