Teaching code

4S002938

Teacher

Francesco Palermo

Coordinatore

Francesco Palermo

Credits

9

Scientific Disciplinary Sector (SSD)

IUS/21 - COMPARATIVE PUBLIC LAW

Language

Italian

Period

I semestre (Lingue e letterature straniere) dal Sep 27, 2021 al Jan 8, 2022.

Lessons timetable

Moodle

Learning outcomes

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.

Program

The course is divided in two parts.
The first one explains the legal phenomenon, providing basic notions of public and constitutional law, of the sources of law and of the comparative method. It focuses in particular on the different legal traditions of the world (civil law, common law, African law, mixed jurisdictions, religious law - Islamic, Hindu, Jewish law), their interactions, legal borrowings. Students will be thus be confronted with the cultural context in which law is embedded and with the consequences such context has in the functioning of institutional mechanisms.
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), on judicial review of legislation and on the role of (constitutional) courts, as well as on the protection of minority rights. Special attention will be devoted to the European Union, its functioning and its regulatory system. Students will thus be provided with basic knowledge on the functioning of institutions and societies.
The approach and the syllabus are different for students attending classes and those not attending. Students attending classes (ie those attending at least 2/3 of the classes) are supposed to learn primarily by actively following classes as well as the supporting lessons offered in addition to regular teaching. They will study primarily on the notes taken in the classroom and on the learning material provided by the teacher.
Students not attending classes will study on the textbooks:
• L. Pegoraro, A. Rinella, Sistemi costituzionali comparati, Giappichelli 2017 (except chapter 9)
• R. Adam, A. Tizzano, Lineamenti di diritto dell’Unione europea, Giappichelli 2019 (4. ed.), only part One

Bibliografia

Examination Methods