Comparative Constitutional Traditions
A.Y. 2025/2026
Learning objectives
The course will give the students the methodological tools to analyze and compare different constitutional traditions. The course will focus on the traditions of Western Legal culture and the constitutional traditions in the Global South. The students will gain an in-depth knowledge of the challenges of contemporary constitutional systems across the globe
Expected learning outcomes
At the end of the course, the students will be able to critically assess the different constitutional traditions from a comparative perspective. They will be able to address the main contemporary challenges of constitutional law in comparative perspectives, also identifying the specificity of each different constitutional tradition at a global level.
They will be able to analyze the case law of different jurisdictions and compare the legal reasoning.
They will be able to analyze the case law of different jurisdictions and compare the legal reasoning.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
Part I
-What is a tradition?
-Why Compare law?
-The clash between legal traditions and globalization
-Western constitutional systems and constitutionalism in the global South
-Form of States in comparative perspective (liberal democracy, authoritarian states, totalitarian states).
-New challenges: abusive constitutionalism
-Constitutional democracy in Crisis
-The rise of Juristrocracy. Case law discussion.
-The use of comparative law by Constitutional Courts.
-Human rights: universal or particular?
-Transformative constitutionalism
-Case law analysis: Freedom of religion, same-sex marriage, minority rights, the rights of nature.
Part II:
- Constitutional traditions in Europe
- The EU accession process and the Copenhagen Criteria
- The rule of law crisis in Europe
- Conditionality and human rights protection
- Convergence and Regionalization in HR protection
-What is a tradition?
-Why Compare law?
-The clash between legal traditions and globalization
-Western constitutional systems and constitutionalism in the global South
-Form of States in comparative perspective (liberal democracy, authoritarian states, totalitarian states).
-New challenges: abusive constitutionalism
-Constitutional democracy in Crisis
-The rise of Juristrocracy. Case law discussion.
-The use of comparative law by Constitutional Courts.
-Human rights: universal or particular?
-Transformative constitutionalism
-Case law analysis: Freedom of religion, same-sex marriage, minority rights, the rights of nature.
Part II:
- Constitutional traditions in Europe
- The EU accession process and the Copenhagen Criteria
- The rule of law crisis in Europe
- Conditionality and human rights protection
- Convergence and Regionalization in HR protection
Prerequisites for admission
No prerequisites.
Teaching methods
The course will be structured on lectures, guests seminars and the discussion of case-studies. Students will have the unique opportunity to discuss relevant questions with key international experts in comparative constitutional law.
Teaching Resources
R. Scarciglia, Methods and Legal Comparison, Challenges for Methodological Pluralism, Elgar, 2023.
Further reading materials for attendant students will be made available on the Moodle website of the course.
Non attendant students: D. Law, Constitutionalism in Context, CUP, 2022. Pages: 1-184; 426-516.
Further reading materials for attendant students will be made available on the Moodle website of the course.
Non attendant students: D. Law, Constitutionalism in Context, CUP, 2022. Pages: 1-184; 426-516.
Assessment methods and Criteria
Attendant students: Students' grade will be based on class participation and on a written exam.
Non attendant students: Oral Exam.
The final mark/grade will be expressed in **/30.
Non attendant students: Oral Exam.
The final mark/grade will be expressed in **/30.
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 6
Lessons: 42 hours
Professor:
Baraggia Antonia
Professor(s)
Reception:
Mondays 12:15-13:30, please book on https://calendly.com/antonia-baraggia/15min
On-line on Teams