Scientific Disciplinary Sector (SSD)
IUS/21 - COMPARATIVE PUBLIC LAW
Semester 1 dal Oct 2, 2017 al Jan 20, 2018.
The course focuses on public comparative law and on EU law. It also analyses the different legal traditions of the world in their interrelations with constitutional designs, as well as on the regulation of economic actvities having recourse to the comparative method. The course aims at making students capable of assessing the several issues arising in a globalised world, where economic, legal, as well as political factors interact.
The course will be divided into three parts:
1. Comparative method and constitutional legal studies. Comparative law, economics, and the promotion of legal change. The legal systems of the world. Legal systems, legal families, ethnocentrism and Euro-Atlantic constitutionalism: mutual interferences and legal borrowings. Civil law, Common law, Soviet Law, African Law, Mixed jurisdictions, Islamic Law, Hindu Law, Hebrew Law, Far Eastern legal systems, The Russian area.
2. An introduction to Constitutional Comparative studies: constitutions, formation and alteration of the constitutions, frame of government, federalism and regionalism, constitutional litigation. EU law.
3. Public law for economics. The influence of globalization and of the EU law over public policies.
The Students that will attend the course:
a) lecture notes;
b) M. Nicolini, L'altra common law of the land. La famiglia giuridica mista dell'Africa australe, BUP, Bologna, 2016;
c) S. Cassese (cur.), La nuova costituzione economica, Laterza, Roma-Bari, ult. ed. (chapters I, II, III, V, VII, VIII, IX)
Students that will not attend the course:
G. Pegoraro, A. Rinella, Sistemi costituzionali comparati, Giappichelli, Torino, 2017 (chapters. I, II, III, IV, V, VI, VIII, X).
Erasmus students may also choose the following program:
1) J. Husa, A New Introduction to Comparative Law, Bloomsbury, London, 2015;
2) M. Tushnet, Advanced Introduction to Comparative Constitutional Law, Edward Elgar, Cheltenham, 2014.
||L'altra Law of the Land. La famiglia giuridica "mista" dell'Africa australe
||Bolonia University Press
||solo i capitoli I, II, III
|S. Cassese (cur.)
||La nuova Costituzione economica
||solo i capp. I, II, III, V, VII, VIII, IX
|L. Pegoraro, A. Rinella
||Sistemi costituzionali comparati
For students not attending the course, there will be an oral examination; for students attending the course, there will be both a written text and an oral examination.
ERASMUS students are invited to to contact professor Nicolini (firstname.lastname@example.org) at the beginning of the course in order to set teaching methods and assessment tests.