Comparative Public Law
A.Y. 2024/2025
Learning objectives
The course - while simultaneously taking into consideration the interaction between constitutional law and transnational law - introduces the students to the comparative method with the aim to develop an understanding of the forms of state, forms of government and processes of decentralization in the main extra-European countries. In order to achieve these learning objectives: a) we will provide tools for learning the comparative method; b) we will identify the peculiarities of the interaction between constitutional and transnational law and consequentially: c) we will analyze in a comparative perspective the political and constitutional systems of the main extra-European countries and their recent constitutional reforms, also taking into consideration the states of emergency introduced in some of them in response to the coronavirus crisis.
Expected learning outcomes
At the end of the course, students are expected to: have understood the fundamentals of the comparative method; have learned about the differences and similarities between the constitutional systems of the main extra-European states and the interaction between their constitutional orders and transnational law; have acquired through the analysis, discussion and presentation of case studies a good capacity for critical analysis and communication issues of public comparative law; are able to apply the comparative method to new case studies that concern the extra-European state institutions, also with the aim of verifying the impact of their political institutional changes on international relations.
Lesson period: Second trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second trimester
Course syllabus
Attending students:
First Module:
Comparative public law in the age of globalization and its crisis: methodological issues. Constitutions with and without constitutionalism. Critical or counter-hegemonic constitutionalism. Rigid Constitutions and constitutional amendment procedures. Limits and counterlimits to changes to the constitutional system. Constitutions and rights: universalism and internationalization of rights - universalism vs regionalization of rights.
Second Module:
Constitution and organization of powers: the classification of forms of State, forms of government, types of State (federal state, regional state, devolution processes) and circulation of models in different geopolitical contexts. The consequences of "abusive constitutional borrowing" on the configuration of forms of state and government.
Non attending students:
First Module:
Comparative public law in the age of globalization and its crisis: methodological issues. Constitutions with and without constitutionalism. Critical or counter-hegemonic constitutionalism. Rigid Constitutions and constitutional amendment procedures. Limits and counterlimits to changes to the constitutional system. Constitutions and rights: universalism and internationalization of rights - universalism vs regionalization of rights.
Second Module:
Constitution and organization of powers: the classification of forms of State, forms of government, types of State (federal state, regional state, devolution processes) and circulation of models in different geopolitical contexts. The consequences of "abusive constitutional borrowing" on the configuration of forms of state and government.
First Module:
Comparative public law in the age of globalization and its crisis: methodological issues. Constitutions with and without constitutionalism. Critical or counter-hegemonic constitutionalism. Rigid Constitutions and constitutional amendment procedures. Limits and counterlimits to changes to the constitutional system. Constitutions and rights: universalism and internationalization of rights - universalism vs regionalization of rights.
Second Module:
Constitution and organization of powers: the classification of forms of State, forms of government, types of State (federal state, regional state, devolution processes) and circulation of models in different geopolitical contexts. The consequences of "abusive constitutional borrowing" on the configuration of forms of state and government.
Non attending students:
First Module:
Comparative public law in the age of globalization and its crisis: methodological issues. Constitutions with and without constitutionalism. Critical or counter-hegemonic constitutionalism. Rigid Constitutions and constitutional amendment procedures. Limits and counterlimits to changes to the constitutional system. Constitutions and rights: universalism and internationalization of rights - universalism vs regionalization of rights.
Second Module:
Constitution and organization of powers: the classification of forms of State, forms of government, types of State (federal state, regional state, devolution processes) and circulation of models in different geopolitical contexts. The consequences of "abusive constitutional borrowing" on the configuration of forms of state and government.
Prerequisites for admission
Public Law or Constitutional Law
Teaching methods
Teaching methods
The course consists of frontal lessons to provide the basic knowledge of comparative method, the fundamental categories of comparative law, the use of an appropriate legal language as well as in the active involvement of students. For this purpose, at the end of the second module, the "flipped class" method will also be applied since attending students will be asked to analyze case studies concerning relevant constitutional issues from a comparative perspective
The course consists of frontal lessons to provide the basic knowledge of comparative method, the fundamental categories of comparative law, the use of an appropriate legal language as well as in the active involvement of students. For this purpose, at the end of the second module, the "flipped class" method will also be applied since attending students will be asked to analyze case studies concerning relevant constitutional issues from a comparative perspective
Teaching Resources
Bibliography
Attending students:
First Module:
- L. Pegoraro, A. Rinella, Sistemi costituzionali, G. Giappichelli Editore, Torino, 2024, pp. 1-16, 77-132, 196-224, 417-448, 457-489.
Second Module:
- L. Pegoraro, A. Rinella, Sistemi costituzionali, G. Giappichelli Editore, Torino, 2024, 16-75, 244-328 e materiali inseriti nella pagina MyAriel dell'insegnamento.
Non attending students:
First Module:
- L. Pegoraro, A. Rinella, Sistemi costituzionali, G. Giappichelli Editore, Torino, 2024, pp. 1-16, 77-243, 417-489.
Second Module:
- L. Pegoraro, A. Rinella, Sistemi costituzionali, G. Giappichelli Editore, Torino, 2024, pp. 16-77, 244-390.
Attending students:
First Module:
- L. Pegoraro, A. Rinella, Sistemi costituzionali, G. Giappichelli Editore, Torino, 2024, pp. 1-16, 77-132, 196-224, 417-448, 457-489.
Second Module:
- L. Pegoraro, A. Rinella, Sistemi costituzionali, G. Giappichelli Editore, Torino, 2024, 16-75, 244-328 e materiali inseriti nella pagina MyAriel dell'insegnamento.
Non attending students:
First Module:
- L. Pegoraro, A. Rinella, Sistemi costituzionali, G. Giappichelli Editore, Torino, 2024, pp. 1-16, 77-243, 417-489.
Second Module:
- L. Pegoraro, A. Rinella, Sistemi costituzionali, G. Giappichelli Editore, Torino, 2024, pp. 16-77, 244-390.
Assessment methods and Criteria
Assessment methods and criteria
Attending students:
For students attending the course, there is the possibility of carrying out an optional intermediate written test consisting of three questions concerning the first module. The grade obtained in the intermediate written exam will be averaged with the grade obtained in the final oral exam which will consist of other two questions related to the second module.
For attending students, who didn't take the intermediate written test or refused the grade of the same, the final examination is oral and consists of three questions concerning the first module and two questions related to the second module.
Both the intermediate written test and the oral final exam are aimed to verify that the attending students can properly apply the knowledge, the methodology, the skills, and the legal terminology acquired during the course. All attending students may also present short papers relating to current constitutional issues agreed with the Professor. The written reports - which must be sent to the same Professor at least 3 days before the exam and discussed during the latter - may be awarded from 1 to 2 points.
Non attending students:
For non attending students the final examination is oral and consists of three questions concerning the first module and three-question related to the second module.
The exams are aimed to verify that the non attending students can properly apply the knowledge, the methodology, the skills, and the legal terminology acquired during the course.
Attending students:
For students attending the course, there is the possibility of carrying out an optional intermediate written test consisting of three questions concerning the first module. The grade obtained in the intermediate written exam will be averaged with the grade obtained in the final oral exam which will consist of other two questions related to the second module.
For attending students, who didn't take the intermediate written test or refused the grade of the same, the final examination is oral and consists of three questions concerning the first module and two questions related to the second module.
Both the intermediate written test and the oral final exam are aimed to verify that the attending students can properly apply the knowledge, the methodology, the skills, and the legal terminology acquired during the course. All attending students may also present short papers relating to current constitutional issues agreed with the Professor. The written reports - which must be sent to the same Professor at least 3 days before the exam and discussed during the latter - may be awarded from 1 to 2 points.
Non attending students:
For non attending students the final examination is oral and consists of three questions concerning the first module and three-question related to the second module.
The exams are aimed to verify that the non attending students can properly apply the knowledge, the methodology, the skills, and the legal terminology acquired during the course.
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 6
Lessons: 40 hours
Professor:
Filippini Caterina
Shifts:
Turno
Professor:
Filippini CaterinaProfessor(s)
Reception:
Room 6