Geopolitics and Constitutional Systems
A.Y. 2024/2025
Learning objectives
In line with the objectives of the degree programme and the specific curriculum, this course aims to provide students with an understanding of how national legal systems are more and more influenced by the geopolitical area to which they belong and by contrasting transnational or supranational legal systems.
To this end, students will be equipped with the methodological and theoretical tools (e.g. definition of Constitution and review of constitutionality, classification of governments, political decentralisation) to compare the legal systems of States located in different geopolitical areas. A focus will be on the distort and illegal applications of constitutional models, which represent a regression in democracy.
Finally, the course will cover a diachronic and synchronic comparison between the legal system of the US and the systems of the BRIC countries (China, Russia, Brazil, India and South Africa). The aim is to analyse the connection between geopolitics, circulation of constitutional models, transnational law and autonomous legal systems.
To this end, students will be equipped with the methodological and theoretical tools (e.g. definition of Constitution and review of constitutionality, classification of governments, political decentralisation) to compare the legal systems of States located in different geopolitical areas. A focus will be on the distort and illegal applications of constitutional models, which represent a regression in democracy.
Finally, the course will cover a diachronic and synchronic comparison between the legal system of the US and the systems of the BRIC countries (China, Russia, Brazil, India and South Africa). The aim is to analyse the connection between geopolitics, circulation of constitutional models, transnational law and autonomous legal systems.
Expected learning outcomes
By the end of the course, students should have acquired the methodology, concepts and classificatory criteria of comparative public law, as well as an understanding of differences and similarities between different legal systems, with a focus on the US, China, Russia, Brazil, India and South Africa. A comparative methodology will be adopted to describe and analyse such systems.
Through their active participation in lectures, students will also be able to critically analyse mutual interference between geopolitical dynamics and legal systems, and develop communication skills with regard to the public comparative law topics studied. They will be able to apply the comparative methodology on their own with a view to analysing the impact of present and future political and institutional changes in international relations, and vice versa.
Through their active participation in lectures, students will also be able to critically analyse mutual interference between geopolitical dynamics and legal systems, and develop communication skills with regard to the public comparative law topics studied. They will be able to apply the comparative methodology on their own with a view to analysing the impact of present and future political and institutional changes in international relations, and vice versa.
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.
Third Module:
Synchronic comparison between the systems of the "old" Brics countries (Russia, China, Brazil, India, South Africa) and the systems of the "new" Brics Plus countries (Egypt, Ethiopia, United Arab Emirates, Iran) as expressions of different geopolitical areas.
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.
Third Module:
Synchronic comparison between the systems of the "old" Brics countries (Russia, China, Brazil, India, South Africa) and the systems of the "new" Brics Plus countries (Egypt, Ethiopia, United Arab Emirates, Iran) as expressions of different geopolitical areas.
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.
Third Module:
Synchronic comparison between the systems of the "old" Brics countries (Russia, China, Brazil, India, South Africa) and the systems of the "new" Brics Plus countries (Egypt, Ethiopia, United Arab Emirates, Iran) as expressions of different geopolitical areas.
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.
Third Module:
Synchronic comparison between the systems of the "old" Brics countries (Russia, China, Brazil, India, South Africa) and the systems of the "new" Brics Plus countries (Egypt, Ethiopia, United Arab Emirates, Iran) as expressions of different geopolitical areas.
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 and third modules, 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 and third modules, 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 and documents available at MyAriel.
Third Module:
- Articles and documents available at MyAriel.
Non attending students:
Unità didattica 1':
- L. Pegoraro, A. Rinella, Sistemi costituzionali, G. Giappichelli Editore, Torino, 2024, pp. 1-16, 77-243, 417-489.
'Unità didattica 2':
- L. Pegoraro, A. Rinella, Sistemi costituzionali, G. Giappichelli Editore, Torino, 2024, pp. 16-77, 244-390.
Unità didattica 3':
- L. Scaffardi (a cura di), BRICS: Paesi emergenti nel prisma del diritto comparato, Giappichelli, 2012, A. Rinella, Cina, il Mulino, 2006, e F. Spagnoli, La riforma della Costituzione cinese: un'analisi della revisione costituzionale del 2018 e dei suoi caratteri principali, in http://www.dpceonline.it/index.php/dpceonline/article/view/647/612
oppure:
- L. Scaffardi (a cura di), BRICS: Paesi emergenti nel prisma del diritto comparato, Giappichelli, 2012, M. Ganino, Russia, il Mulino, 2020 e C. Filippini, L'introduzione in Russia del procedimento di modifica della Costituzione in deroga, in https://www.forumcostituzionale.it/wordpress/?p=14840.
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 and documents available at MyAriel.
Third Module:
- Articles and documents available at MyAriel.
Non attending students:
Unità didattica 1':
- L. Pegoraro, A. Rinella, Sistemi costituzionali, G. Giappichelli Editore, Torino, 2024, pp. 1-16, 77-243, 417-489.
'Unità didattica 2':
- L. Pegoraro, A. Rinella, Sistemi costituzionali, G. Giappichelli Editore, Torino, 2024, pp. 16-77, 244-390.
Unità didattica 3':
- L. Scaffardi (a cura di), BRICS: Paesi emergenti nel prisma del diritto comparato, Giappichelli, 2012, A. Rinella, Cina, il Mulino, 2006, e F. Spagnoli, La riforma della Costituzione cinese: un'analisi della revisione costituzionale del 2018 e dei suoi caratteri principali, in http://www.dpceonline.it/index.php/dpceonline/article/view/647/612
oppure:
- L. Scaffardi (a cura di), BRICS: Paesi emergenti nel prisma del diritto comparato, Giappichelli, 2012, M. Ganino, Russia, il Mulino, 2020 e C. Filippini, L'introduzione in Russia del procedimento di modifica della Costituzione in deroga, in https://www.forumcostituzionale.it/wordpress/?p=14840.
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 and two questions concerning the third 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, two questions related to the second module, and two questions concerning the third module.
Both the intermediate written test and the oral final exams 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, three-question related to the second module, and two questions concerning the third 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 and two questions concerning the third 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, two questions related to the second module, and two questions concerning the third module.
Both the intermediate written test and the oral final exams 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, three-question related to the second module, and two questions concerning the third 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: 9
Lessons: 60 hours
Professor:
Filippini Caterina
Shifts:
Turno
Professor:
Filippini CaterinaProfessor(s)
Reception:
Room 6