Public Comparative Law
Scientific Disciplinary Sector (SSD)
IUS/21 - COMPARATIVE PUBLIC LAW
2° periodo di lezioni - aprile/maggio 2019, 2° periodo di lezioni - febbraio/aprile 2019
The course provides the skills for a critical understanding of public and constitutional law by looking at legal phenomena though comparison of rules (‘law in the books’) and practical functioning (‘law in action’) of institutional systems. Comparison helps in particular to understand the meaning of rules, their recurrence, their interrelations.
What will be taught
Structure and functioning of constitutional systems
Analysis of legal phenomena
Solution of legal questions through comparative analysis
What skills will be developed
Critical legal thinking and analysis of legal/institutional problems
Problem-solving, use of interpretative techniques, proactive approach
After a brief introduction to the main assets of comparison in public and constitutional law, the main topics for a legal analysis of the legal phenomenon are provided:
• constitutional systems and sources of law
• institutional, judicial and political safeguards of the constitution
• constitution-building and constitution-amending processes
• horizontal division of powers (forms of government)
• vertical division of powers (federalism, regionalism) including financial relations (so called ‘fiscal federalism’)
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 train students to identify the key questions and to elaborate their critical analysis of the technical available solutions.
Teaching is predominantly based on lectures (supported with slides). Trainings, role games and a final evaluation are also provided.
Students who attend classes
The most important material for active students are notes from lectures, slides and reading material provided by the lecturer.
Students who did not attend classes
Studens shall choose one of the following textbooks:
1) L. Pegoraro, A. Rinella, Sistemi costituzionali comparati, Giappichelli, Torino, 2017
2) A. Di Giovine, A. Algostino, F. Longo, A. Mastromarino, Lezioni di diritto costituzionale comparato, Le Monnier Università, Milano, 2017
All students are invited to carefully read the texts of the constitutions. These are available in:
G. Cerrina Feroni, T.E. Frosini, A. Torre, Codice delle Costituzioni, vol. I, Giappichelli, Torino 2015
Texts of the constitutions are available online (in English) at https://www.constituteproject.org/
|Alfonso Di Giovine, Alessandra Algostino, Fabio Longo, Anna Mastromarino
||Lezioni di diritto costituzionale comparato
||Le Monnier Università
|L. Pegoraro, A. Rinella
||Sistemi costituzionali comparati
Exams are organized as follows:
- Students who attended the course: written examination (multiple choice), followed by an oral examination. At the end of classes a voluntary test for self-evaluation will be carried out
- Students who did not attend the course: oral examination.
Goals of the exams:
- The written test evaluates the knowledge acquired during the course and the student's ability to use such knowledge to correctly frame and to solve legal issues
- The oral exam provides an opportunity to better discuss and develop the issues raised during the written exam
- The oral exam for those who did not attend classes (or did not take the written test) checks:
a) the acquired knowledge;
b) the ability to present them, 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 sufficient to pass the exam. Rather, critical thinking and analysis are encouraged .
Contents of the exams:
- For students who did attend the classes, the written test consists on an open question on topics explained in the classroom and further specified in the textbook. The written test is evaluated and marked and students can integrate it with an oral exam.
- The oral exam (for students not attending classes or not taking the written test) is based on the whole syllabus.
- ERASMUS students are invited to contact professor Palermo (email@example.com) 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 discussed and specified with the supervisor.