Public Comparative Law
Scientific Disciplinary Sector (SSD)
IUS/21 - COMPARATIVE PUBLIC LAW
2° periodo di lezioni - febbraio/aprile 2020 dal Feb 10, 2020 al Apr 6, 2020.
The course proposes a critical survey of the different constitutional designs of the world. It considers the foundations of the “modern” and “contemporary” constitutional law and the legacies of Western constitutionalism. For this purpose, the course will use the comparative legal method, which is useful in cross-national analyses. In this regard, it intends to focus the legal systems of the world first, thus shedding lights on the interrelations between sources of law, different conceptions of law, on the on hand, and constitutionalism, cross-fertilisation, as well as dissemination of constitutional ideas, on the other hand. Therefore, the course will start with the definition of the basic concepts of constitutional legal studies (constitution, state, sources of law, territory, sovereignty), which governs the constitu-tional narratives throughout the constitutional legal systems of the world. Thus, it examines to what extent the comparative method helps in highlights the flas between the black-letter constitutions and the respective operational rules.
After a brief introduction to the meaning of and the techniques for comparison in public and constitutional law, the following main topics are addressed:
• constitutional systems and sources of law
• institutional, judicial and political safeguards of the constitution, including the judicial review
• constitution-building and constitution-amending processes
• horizontal division of powers (forms of government)
• vertical division of powers (federalism, regionalism)
Teaching will be problem-oriented: what are the problems, why do they emerge, what legal tools have been developed to solve them and how are these tools applied in practice? This approach aims at training students to identify the key questions and to elaborate their critical analysis of the available solutions.
Teaching is predominantly based on lectures (supported with slides). Trainings, role games and a final evaluation are also provided.
Students not attending classes are invited to prepare the exam on the textbook rather than on notes and reading material provided in class, as the methodology is substantially different.
||Gli studenti frequentanti potranno basare la propria preparazione prevalentemente su dispense fornite dal docente. E' consigliabile la lettura di uno dei manuali e i testi delle costituzioni
|L. Pegoraro, A. Rinella
||Sistemi costituzionali comparati
||Per studenti non frequentanti
The examination is oral.
Students who attended classes are offered the opportunity to take a written test at the end of the course, on a voluntary base.
The examination tests the following:
a) the knowledge acquired during the course and the student's ability to use such knowledge to correctly frame and to solve legal issues;
b) the ability to develop a legal argument, including with appropriate legal language and terminology;
c) the capacity to connect and systematically apply the knowledge;
d) analytical and argumentative skills
The mere repetition of the textbook is not enough to pass the exam. Rather, critical thinking and analysis are encouraged.
ERASMUS students are invited to contact professor Palermo (firstname.lastname@example.org) at the beginning of the course in order to discuss teaching methods and assessment tests.
Students interested in writing the graduation paper in this field are encouraged to propose a topic, which will then be discussed and fine-tuned with the supervisor.