Comparative Public Law
A.Y. 2024/2025
Learning objectives
The course aims at providing students with the method, tools and categories of comparative law to be applied to understand, from a diachronic and synchronic point of view, the legal traditions and the variety of forms of State, forms of Government and centre-periphery relations (included secession processes) of countries belonging to different geopolitical areas and sharing different concepts of Constitution. Therefore particular attention will also be paid to the crisis of constitutionalism and to new conceptual categories, such as "abusive constitutionalism", "authoritarian constitutionalism", "hybrid constitutionalism" and "unstable constitutionalism", with a view to studying new phenomena regarding the legal transplant of human rights protection and the separation of powers principles only in nominal terms.
Expected learning outcomes
At the end of the course, students will have a fundamental knowledge of the different types of Constitutions from a comparative perspective and a good understanding of the various forms of State, forms of Government and centre-periphery relations in the leading countries belonging to specific geopolitical areas. Thanks to their active participation in lectures, students will develop good critical analysis and communication skills in the field of comparative public law. They will be able to apply the comparative method to new case studies, primarily to assess the impact of constitutional changes on international relations and vice versa.
Lesson period: First 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
First trimester
Course syllabus
For attending students:
The course consists of two modules.
The first module is devoted to the analysis and discussion of:
- the methodologies of comparative public law;
- the spread of the idea of constitutionalism and the liberal form of State;
- the development of different forms of government and center-periphery relations (federal, regional, devolution) within the liberal, democratic and social-democratic form of State;
- the different types of judicial review.
The second module is devoted to:
- the relation between transnational legal orders and constitutional transplants, borrowing, and migration in different geopolitical regions;
- legal families and classification of forms of State "others" than liberal and social democracies;
- varieties of constitutionalism;
- abusive constitutionalism in theory and practice.
For non-attending students:
- the methodologies of comparative public law;
- the spread of the idea of constitutionalism and the liberal form of State;
- the development of different forms of government and center-periphery relations (federal, regional, devolution) within the liberal, democratic and social-democratic form of State;
- the different types of judicial review;
- the relation between transnational legal orders and constitutional transplants, borrowing, and migration in different geopolitical regions;
- legal families and classification of forms of State "others" than liberal and social democracies;
- varieties of constitutionalism;
- abusive constitutionalism in theory and practice.
The course consists of two modules.
The first module is devoted to the analysis and discussion of:
- the methodologies of comparative public law;
- the spread of the idea of constitutionalism and the liberal form of State;
- the development of different forms of government and center-periphery relations (federal, regional, devolution) within the liberal, democratic and social-democratic form of State;
- the different types of judicial review.
The second module is devoted to:
- the relation between transnational legal orders and constitutional transplants, borrowing, and migration in different geopolitical regions;
- legal families and classification of forms of State "others" than liberal and social democracies;
- varieties of constitutionalism;
- abusive constitutionalism in theory and practice.
For non-attending students:
- the methodologies of comparative public law;
- the spread of the idea of constitutionalism and the liberal form of State;
- the development of different forms of government and center-periphery relations (federal, regional, devolution) within the liberal, democratic and social-democratic form of State;
- the different types of judicial review;
- the relation between transnational legal orders and constitutional transplants, borrowing, and migration in different geopolitical regions;
- legal families and classification of forms of State "others" than liberal and social democracies;
- varieties of constitutionalism;
- abusive constitutionalism in theory and practice.
Prerequisites for admission
Public law
Teaching methods
The course consists of frontal lectures to provide the basic knowledge of comparative methodologies and the fundamental categories of comparative public/constitutional law 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, thus allowing the students to present, analyze and discuss specific case studies concerning relevant constitutional issues from a comparative perspective.
Teaching Resources
Attending students
First module:
A. Buratti, Western Constitutionalism. History, Institutions, Comparative Law, Second Edition, Giappichelli-Springer, Torino, 2023, cap. 1-6.
Second module:
A. Buratti, Western Constitutionalism. History, Institutions, Comparative Law, Second Edition, Giappichelli-Springer, Torino, 2023, cap. 7-8.
S. Rehling Larsen, Varieties of Constitutionalism in the European Union, in Modern Law Review, n. 3, 2021, pp. 477-502.
Rosalind Dixon, David Landau, Abusive Constitutional Borrowing : Legal Globalization and the Subversion of Liberal Democracy, Oxford: Oxford University Press, 2021, pp. 1-55.
Non-attending students:
Ran Hirschl, Comparative Methodologies, in R. Masterman & R. Schütze (Eds.),The Cambridge Companion to Comparative Constitutional Law, Cambridge: Cambridge University Press, 2019, pp. 11-39.
A. Buratti, Western Constitutionalism. History, Institutions, Comparative Law, Second Edition, Giappichelli-Springer, Torino, 2023, cap. 1-8.
J. Kokott & M. Kaspar, Ensuring Constitutional Efficiency, in M. Rosenfeld & A. Sajó (Eds.), The Oxford Handbook of Comparative Law, Oxford: Oxford University Press, 2012, pp. 795-815.
D. Grimm, Types of Constitutions, in M. Rosenfeld & A. Sajó (Eds.), The Oxford Handbook of Comparative Constitutional Law, Oxford: Oxford University Press, 2012, pp. 98-132.
A. Stone Sweet, Constitutional Courts, in M. Rosenfeld & A. Sajó (Eds.), The Oxford Handbook of Comparative Constitutional Law, Oxford: Oxford University Press, 2012 , 816-830.
S. Rehling Larsen, Varieties of Constitutionalism in the European Union, in Modern Law Review, n. 3, 2021, pp. 477-502.
R. Dixon, D. Landau, Abusive Constitutional Borrowing : Legal Globalization and the Subversion of Liberal Democracy, Oxford: Oxford University Press, 2021, pp. 1-55.
First module:
A. Buratti, Western Constitutionalism. History, Institutions, Comparative Law, Second Edition, Giappichelli-Springer, Torino, 2023, cap. 1-6.
Second module:
A. Buratti, Western Constitutionalism. History, Institutions, Comparative Law, Second Edition, Giappichelli-Springer, Torino, 2023, cap. 7-8.
S. Rehling Larsen, Varieties of Constitutionalism in the European Union, in Modern Law Review, n. 3, 2021, pp. 477-502.
Rosalind Dixon, David Landau, Abusive Constitutional Borrowing : Legal Globalization and the Subversion of Liberal Democracy, Oxford: Oxford University Press, 2021, pp. 1-55.
Non-attending students:
Ran Hirschl, Comparative Methodologies, in R. Masterman & R. Schütze (Eds.),The Cambridge Companion to Comparative Constitutional Law, Cambridge: Cambridge University Press, 2019, pp. 11-39.
A. Buratti, Western Constitutionalism. History, Institutions, Comparative Law, Second Edition, Giappichelli-Springer, Torino, 2023, cap. 1-8.
J. Kokott & M. Kaspar, Ensuring Constitutional Efficiency, in M. Rosenfeld & A. Sajó (Eds.), The Oxford Handbook of Comparative Law, Oxford: Oxford University Press, 2012, pp. 795-815.
D. Grimm, Types of Constitutions, in M. Rosenfeld & A. Sajó (Eds.), The Oxford Handbook of Comparative Constitutional Law, Oxford: Oxford University Press, 2012, pp. 98-132.
A. Stone Sweet, Constitutional Courts, in M. Rosenfeld & A. Sajó (Eds.), The Oxford Handbook of Comparative Constitutional Law, Oxford: Oxford University Press, 2012 , 816-830.
S. Rehling Larsen, Varieties of Constitutionalism in the European Union, in Modern Law Review, n. 3, 2021, pp. 477-502.
R. Dixon, D. Landau, Abusive Constitutional Borrowing : Legal Globalization and the Subversion of Liberal Democracy, Oxford: Oxford University Press, 2021, pp. 1-55.
Assessment methods and Criteria
Attending students
The final oral exam consists of two questions concerning the content of the first module and two questions concerning the content of the second module. The presentation and the discussion of case studies during the "flipped class" will be awarded the addition of 1 or 1,5 points to the grade obtained at the oral exam.
Non-attending students
The final oral exam consists of three questions concerning the content of the first module and three questions concerning the content of the second module.
The final oral exam consists of two questions concerning the content of the first module and two questions concerning the content of the second module. The presentation and the discussion of case studies during the "flipped class" will be awarded the addition of 1 or 1,5 points to the grade obtained at the oral exam.
Non-attending students
The final oral exam consists of three questions concerning the content of the first module and three questions concerning the content of the second module.
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 6
Lessons: 40 hours
Professor:
Filippini Caterina
Shifts:
Turno
Professor:
Filippini CaterinaEducational website(s)
Professor(s)
Reception:
Room 6