Comparative Constitutional Justice

A.Y. 2024/2025
6
Max ECTS
42
Overall hours
SSD
IUS/21
Language
Italian
Learning objectives
The course aims at developing the following skills:
- Knowledge and understandings: knowledge of the main models of constitutional justice and their possible development in hybrid forms; knowledge and understanding of the importance of constitutional jurisprudence in the description of the form of government; knowledge of the most significant rulings of foreign judges on rights.
- Applying knowledge: ability to read and understand rulings of foreign Constitutional court, ability to critically examine the role of Constitutional justice in different legal systems; ability to identify and understand the aim of the rulings relating to the distribution of powers;
- Autonomy of judgment: students shall be able to evaluate the rulings of Constitutional and Supreme Courts and their reasoning.
- Communication skills: students shall communicate their knowledge about the case-law studied in the course with an adequate use of legal terms. They also shall express their personal opinions relating to the cases studied.
Expected learning outcomes
At the end of the course, students can know the main models of foreign constitutional justice and consolidate their knowledge in topics already acquired in the courses of constitutional law, comparative public law and Italian constitutional justice. Thanks to the direct reading of the sentences students will have the opportunity to understand how the interpretation of the Constitutional norms adjust the content of rights and the form of government. Comparative law, in addiction, will enable students to understand different solutions to the same issues. Finally, the analysis of the argumentative process of the rulings will be a laboratory to understand the "work of the interpreter": the discussion of the thesis will upgrade critical skills, judgment skills and communication skills.
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
Second semester
Course syllabus
- Main models of constitutional justice
- Climate Justice; The protection of the environment, the sustainable exploitation of natural resources, food sovereignty, the rights of future generations in national and supranational constitutional case-law, in One Health perspective;
- Analysis of significant case-law.
Prerequisites for admission
Constitutional law
Teaching methods
The theoretical frontal lessons will be supported by slides. The analysis of case studies will be carried out with the participation of students.
Teaching Resources
Non attending students are required to study:
1) L. Pegoraro, Sistemi di giustizia costituzionale, Giappichelli, Torino, 2019 (limited to the following parts: pp. 1-26; pp. 30-36; pp. 40-71; pp. 73-190).
2) L. Violini, One Health. Dal paradigma alle implicazioni giuridiche, Giappichelli, Torino, 2023 (chapters no. I, II e VI)
3) the article: D. Amirante, "L'ambiente 'preso sul serio'. Il percorso accidentato del costituzionalismo ambientale", in Diritto Pubblico Comparato Europeo, Fascicolo Speciale, 2019.

Attending students may use teaching materials provided during classes and L. Violini, Temi e problemi di diritto pubblico comparato, Maggioli (chapters no. I and III)
Assessment methods and Criteria
The exam will be an oral test and it will assess the students'skills in understanding the fundamental topics of the subject. Students who will attend the course could be asked to conduct individual in-depth research before the oral exam
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 6
Lessons: 42 hours
Professor: Ragone Giada
Shifts:
Turno
Professor: Ragone Giada
Professor(s)