Comparative public law

A.A. 2021/2022
6
Crediti massimi
40
Ore totali
SSD
IUS/21
Lingua
Inglese
Obiettivi formativi
The aim of this course is to provide students with the methodology and techniques necessary to understand how and to what extent constitutional, legislative and legal sources interact between each other in different EU and non-EU countries, creating a variety of configurations of public powers - which in an increasingly globalised world are also influenced to varying degrees by competing transnational legal orders. Particular attention will be paid to the crisis of constitutionalism and the formation of new conceptual categories, such as "abusive constitutionalism", "authoritarian constitutionalism", "hybrid constitutionalism" and "unstable constitutionalism", with a view to studying new phenomena regarding the legal transplant of human rights protection and the separation of powers principles only in nominal terms.
Risultati apprendimento attesi
By the end of the course, students will learn the methodology, concepts and defining criteria in the science of comparative public law, as well as the differences and similarities between the constitutional structures of the main EU and non-EU countries, illustrated and analysed using the comparative method. Thanks to their active participation in lectures and the legal terminology assimilated, students will develop good critical analysis and communication skills in the studied areas of comparative public law, and they will be able to apply the comparative method to new case studies, above all in order to assess the impact of political and institutional changes in EU and non-EU countries on international relations and vice versa.
Programma e organizzazione didattica

Edizione unica

Responsabile
Periodo
Primo trimestre
According to decrees eventually adopted in case of sanitary emergency by the academic authorities the course will be taught online live on Microsoft Teams. The lessons will also be recorded and uploaded on the same platform.
Course program and reference materials will remain unchanged.
Assessment Methods and Criteria will also remain the same, but the final oral exam, unless otherwise specified, will take place on the platform Microsoft Teams
Programma
The course consists of two modules.
The first module is devoted to the analysis and discussion of:
- the methodology of comparative public law
- the various definitions of constitution by different scholars and the debates thereof
- the relation between transnational legal orders and constitutional transplants, borrowing and migration
- the concepts of flexible and rigid constitution
- the different forms of judicial review
The second module is devoted to:
- the classification of forms of State, forms of Governments and the different types of center-periphery relations (federal, regional, devolution)
- the various influence of international organizations on constitution.making in different geopolitical regions
- a comparative analysis between the forms of State and forms of Government of United States, Brasil, Russia and China analysed through the lens of their different concept of Constitution.


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Prerequisiti
Besides Public law having taken the exams of International law and EU law is highly recommended.
Metodi didattici
The course consists in frontal lectures aimed at introducing students to the methodologies of comparative public law and to the fundamentals of the course. Besides this the students - in order to develop their comparative approach, their capacity of expressing objective judgments and their communication skill - will be involved in discussion of case studies . They will be also invited to analyse - simulating the activity of the Venice Commission for Democracy through Law independent experts - the constitutional reforms which are taking place in specific in EU and non-EU countries. Further documents and materials necessary to discuss single case studies and to carry out a simulation of a joint opinion of the Venice Commission will be available in the Ariel e-learning site of the course.
Materiale di riferimento
Attending students:
Selected chapters from:
- R. Masterman and R. Schütze, The Cambridge Companion to Comparative Constitutional Law, Cambridge University Press, 2019
(also available as e-book in the UNIMI Digital Library)
- M. Rosenfeld and A. Sajò, The Oxford Handbook of Comparative Constitutional Law, Oxford University Press, 2012
(also available as e-book in the UNIMI Digital Library)
- Rosalind Dixon and David Landau, Abusive Constitutional Borrowing
Legal globalization and the subversion of liberal democracy, Oxford University Press, 2020
N.B, Since not all books are already published or online the corresponding chapters selected for the attending students will be specified in the middle of September.
Not attending students:
Selected chapters from:
- R. Masterman and R. Schütze, The Cambridge Companion to Comparative Constitutional Law, Cambridge University Press, 2019
(also available as e-book in the UNIMI Digital Library)
- M. Rosenfeld and A. Sajò, The Oxford Handbook of Comparative Constitutional Law, Oxford University Press, 2012
(also available as e-book in the UNIMI Digital Library)
- Rosalind Dixon and David Landau, Abusive Constitutional Borrowing
Legal globalization and the subversion of liberal democracy, Oxford University Press, 2020
N.B, Since not all books are already published or online the corresponding chapters selected for not attending students will be specified in the middle of September.
Modalità di verifica dell’apprendimento e criteri di valutazione
Attending students
Attending students will be assessed on the basis of a final oral exam taking also into account their participation in the class, particularly, in the discussion of case-studies. The final oral exam will consist of two question related to the first module and three questions related to the second module,
Not attending students
Not attending students will be assessed on the basis of a final oral exam which will consist of three questions related to the first module and three question related to the second module.
IUS/21 - DIRITTO PUBBLICO COMPARATO - CFU: 6
Lezioni: 40 ore
Siti didattici
Docente/i
Ricevimento:
Il ricevimento dal 21 settembre 2021 riprenderà in presenza ogni martedì dalle ore 11.00 stanza 6, via Conservatorio. Altrimenti gli studenti potranno chiedere di essere ricevuti, su appuntamento, attraverso microsoft teams