Teaching code

4S009843

Teacher

Matteo Nicolini

Coordinatore

Matteo Nicolini

Credits

9

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/21 - COMPARATIVE PUBLIC LAW

Period

2° periodo lezioni - GEM (aprile/maggio), 2° periodo lezioni - GEM (febbraio/aprile)

Courses Single

Authorized

Lessons timetable Moodle Seminars

Learning outcomes

Knowledge and capacity to understand At the end of the course, students should: - have a solid knowledge of both method and fundamentals of comparative legal methodology; - have a good knowledge of the distinction between legal traditions and legal systems; - Understand the lexicon of comparative legal methodology. - have a basic knowledge of the non-legal variables affecting legal change (economics, geography, climate change); - assess how emergencies, risk management/containment, and climate change affect the realm of the law. Knowledge and capacity to apply understanding At the end of the course, students should be able to: - reflect on legal systems/traditions; - use the lexicon of comparative legal methodology - interpret non-legal variables, even ecological ones, affecting legal change; - apply the comparative legal method. Independent judgment At the end of the course, students will acquire be able to: - critically analyze non-Western legal traditions; - critically assess the several issues arising in a globalised world, where economic, legal, climate-change and political factors interact; - to examine public containment. Communication skills At the end of the course, students should be able to: - deliver presentations on legal change and legal system by using specific terms relating to comparative-law topics; - discuss non-Western conceptions of the law; Capacity to learn At the end of the course, students should be able to: - identify and analyze the way in which the theme of constitutional narrative is dealt with in the principal phenomena linked to globalization; - find the sources useful when it comes to developing an interdisciplinary comparative legal study.

Program

The course will be divided into three parts:
1. Comparative method and constitutional legal traditions. Legal traditions: Common Law; Civil; Law; Mixed Jurisdictions; African Law; Islamic Law; Hindu Law; Hebrew Law; Far Eastern legal systems. Pacific and Russia.
2. Contexts of Legal change: An introduction to legal geography.
3. The governance of legal change. Colonisation; Numerical comparative law; Terrorisms; Climate change and comparative law.

Bibliography

Students that will attend the lectures must study:
1) Lecture notes;
and, either
2a) Alessandro Somma, Introduzione al diritto comparato, II ed., Torino: Giappichelli, 2019.
or
2b) George Mousourakis, Comparative Law and Legal Traditions. Historical and Contemporary Perspectives (Springer, Vienna, 2019), chapters 1 to 7;
3) Climate change and the law;
– M. Fermeglia, Comparative Law and Climate Change. In: F. Fiorentini, M. Infantino M. (eds) Mentoring Comparative Lawyers: Methods, Times, and Places, Springer, Cham, pp. 237–259;
– F. Sindico, MM. Mbengue, K McKenzie, Climate Change Litigation and the Individual: An Overview. In: Sindico F., Mbengue M.M. (eds) Comparative Climate Change Litigation: Beyond the Usual Suspects, Springer, Cham., 2021, p. 1–33;
– B. Pozzo; Climate Change Litigation in a Comparative Law Perspective. In: Sindico F., Mbengue M.M. (eds) Comparative Climate Change Litigation: Beyond the Usual Suspects, Springer, Cham, 2021, 593–619

Students not attending the lectures must study:
1) Mathias Siems, Comparative Law, 2nd edn Cambridge: C.U.P., 2018, chs. 1, 2, 4, 7, 8, 9, 10, 11.
Legal materials, relevant decisions and further readings will be posted on the e-learning platform.
3) Climate change and the law;
– M. Fermeglia, Comparative Law and Climate Change. In: F. Fiorentini, M. Infantino M. (eds) Mentoring Comparative Lawyers: Methods, Times, and Places, Springer, Cham, pp. 237–259;
– F. Sindico, MM. Mbengue, K McKenzie, Climate Change Litigation and the Individual: An Overview. In: Sindico F., Mbengue M.M. (eds) Comparative Climate Change Litigation: Beyond the Usual Suspects, Springer, Cham., 2021, p. 1–33;
– B. Pozzo; Climate Change Litigation in a Comparative Law Perspective. In: Sindico F., Mbengue M.M. (eds) Comparative Climate Change Litigation: Beyond the Usual Suspects, Springer, Cham, 2021, 593–619
At least 4 case studies to be chosen among those delivered in
Sindico F., Mbengue M.M. (eds) Comparative Climate Change Litigation: Beyond the Usual Suspects, Springer, Cham., 2021,

Bibliography

Examination Methods

Exam for attending students
Students that have regularly attended classes will take an oral exam.
During the course, they will deliver at least one presentation involving questions, case, and judgements dealt with during the course. The presentation will be assessed in order to determine the final mark.
The oral exam, on the other hand, will consist of an oral discussion, aims at verifying the knowledge of the fundamentals of comparative constitutional justice (as explained in class) in the light of the relevant scholarship and national and European case-law.
The final mark will be expressed in thirtieths.

Non-attending students

Non-attending students are required to take an oral exam. The exam will consist of an oral discussion, aims at verifying the knowledge of the fundamentals of comparative constitutional justice.

Erasmus students
Erasmus students that have regularly attended classes are granted the possibility to write an essay on a topic agreed by the instructor.