Comparative and European Public law [Cognomi A-L]
Scientific Disciplinary Sector (SSD)
IUS/21 - COMPARATIVE PUBLIC LAW
I semestre dal Oct 1, 2018 al Jan 12, 2019.
The course explains the functioning of the main instruments of public law and EU law in a comparative perspective.
It provides information on the different legal traditions of the world, on their influence on constitutional structures, as well as on the regulation of economic activities through the lens of the comparative methodology.
The course provides students with skills such as understanding, assessing and processing the regulatory framework in which they will operate in their professional trajectory. The comparative analysis of phenomena helps understand global trends and design better solutions for specific (legal) problems.
The course is divided in three parts.
The first one explains the legal phenomenon, providing basic notions of public law (constitutional, administrative, economic law), comparative method, sources of law. It focuses in particular on the different legal traditions of the world (civil law, common law, African law, mixed jurisdictions, religious law - Islamic, Hindu, Hebrew law), their interactions, legal borrowings.
The second part focuses on constitutions (their genesis, protection, amendment), on the organization of power, both horizontally (forms of government) and vertically (territorial division of powers: federalism and regionalism), judicial review of legislation and the role of (constitutional) courts, EU law and its interaction with the domestic jurisdictions.
Part three deals with the approaches to the regulation of economy, looking especially at the mechanisms provided for by the European Union and at the national regulations derived from them, such as the debt-break provisions.
|L. Pegoraro, A. Rinella
||Sistemi costituzionali comparati
||Da leggere interamente, soffermandosi in particolare sui capitoli I, II, III, IV, V, VI, VIII, X
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 (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 discussed and specified with the supervisor.