Comparative constitutional law
Scientific Disciplinary Sector (SSD)
IUS/21 - COMPARATIVE PUBLIC LAW
Language of instruction
1° periodo lezioni (1B) dal Nov 5, 2021 al Dec 16, 2021.
The course aims at providing students with an advanced knowledge of topics and methods of constitutional comparative law and an adequate knowledge of the institutions (sources of law, constitutional litigation, federalism and regionalism) into which the course has delved. At the end of the course, students shall be able to reflect in terms of legal institutions in comparative perspective, classify legal institutions according to comparative legal taxonomies and apply the comparative legal method. Students shall also have acquired the capacity to consciously use specific terms relating to comparative law themes and speak precisely about the constitutional law in comparative legal perspective.
1. Defining Comparative Constitutional Justice.
2. Comparative method and constitutional justice: classifications and models of constitutional adjudication.
3. Composition and legitimacy of constitutional adjudicators.
4. Constitutional yardsticks. Object of review. Access to constitutional justice.
5. Ancillary powers of constitutional adjudicators.
6. Origins of the judicial review: from the English antecedents to the U.S. constitutional history.
7. Political v. judicial review. The French constitutional experience. Constitutional adjudication under Soviet and Islamic constitutions.
8. Concentrated v Diffuse judicial review. Judicial review in common law legal systems. The dissemination of the U.S. model outside the common law realm: Latino-American countries and Portugal. UK and Switzerland.
9. The Kelsenian model. Its circulation in Europe.
10. Judicial Review on federal grounds.
11. Litigating fundamental rights.
Students attending the lectures shall study:
1) Lecture notes;
2) Presentations and and further readings will be posted on the e-learning platform.
4) M. Nicolini, S. Bagni, Comparative Constitutional Justice, Eleven, The Hague, 2021 (the chapters to be read will be discussed during the course)
Students not attending the lectures shall study:
M. Nicolini, S. Bagni, Comparative Constitutional Justice, Eleven, The Hague, 2021 (chapters 1-4, and one to be chosen from the following: 5, 7, and 8).
Those attending the course will actively participate in it. During the lectures, the class will discuss different models of judicial review and examine the most relevant judgements that have contributed to developing the role of constitutional adjudicators.
Visualizza la bibliografia con Leganto, strumento che il Sistema Bibliotecario mette a disposizione per recuperare i testi in programma d'esame in modo semplice e innovativo.
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 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 that have regularly attended classes are granted the possibility to write an essay on a topic agreed by the instructor.