The course discusses: the comparative method applied to constitutional law; fundamental constitutional principles; State institutions in a comparative perspective (Parliaments, Governments, Heads of State, Courts with Constitutional Jurisdiction); functioning of the contemporary forms of government; trends in contemporary constitutionalism.
If you ATTEND the classes:
- Your notes
-R. Masterman, R. Schutze (cur), The Cambridge Companion to Comparative Constitutional Law , Cambridge, CUP 2019- chapters dealing with topics discussed during the course;
-H.P. Glenn, "Comparative Legal Families and Comparative Legal Traditions", in M. Reimann and R. Zimmermann (eds), The Oxford Handbook of Comparative Law, OUP, 2019;
-A.J. Cheibub & F. Limongi, Legislative-executive relations, in T. Ginsburg, R. Dixon (eds) Comparative Constitutional Law, Edward Elgar, 2011;
-R.J. Krotoszynski, The separation of legislative and executive powers, in T. Ginsburg, R. Dixon (eds) Comparative Constitutional Law, Edward Elgar, 2011;
-H. Fix-Fierro & P. Salazar-Ugarte, Presidentialism, in M. Rosenfeld, A. Sajò, The Oxford Handbook of Comparative Constitutional Law, Oxford, OUP, 2013;
-A.W. Bradley & C. Pinelli, Parliamentarism, in M. Rosenfeld, A. Sajò, The Oxford Handbook of Comparative Constitutional Law, Oxford, OUP, 2013.
If you DO NOT ATTEND the classes:
-R. Masterman, R. Schutze (cur), The Cambridge Companion to Comparative Constitutional Law , Cambridge, CUP 2019 capitoli: 1, 2, 9, 10, 13, 14, 16;
-H.P. Glenn, "Comparative Legal Families and Comparative Legal Traditions", in M. Reimann and R. Zimmermann (eds), The Oxford Handbook of Comparative Law, OUP, 2019;
-A.J. Cheibub & F. Limongi, Legislative-executive relations, in T. Ginsburg, R. Dixon (eds) Comparative Constitutional Law, Edward Elgar, 2011;
-R.J. Krotoszynski, The separation of legislative and executive powers, in T. Ginsburg, R. Dixon (eds) Comparative Constitutional Law, Edward Elgar, 2011;
-H. Fix-Fierro & P. Salazar-Ugarte, Presidentialism, in M. Rosenfeld, A. Sajò, The Oxford Handbook of Comparative Constitutional Law, Oxford, OUP, 2013;
-A.W. Bradley & C. Pinelli, Parliamentarism, in M. Rosenfeld, A. Sajò, The Oxford Handbook of Comparative Constitutional Law, Oxford, OUP, 2013.
Learning Objectives
The course is designed to provide students the comparative understanding of contemporary constitutionalism conceived as an instrument to regulate a polity and as an instrument of dialogue and guarantee in contemporary plural societies.
Specific skills of legal research, analysis and comparative methods will be developed during the course, as to encourage students to critically discuss both present and past jurisdictions.
At the end of the course, those who will have attended it fruitfully should be able to find all the sources and materials needed to discuss constitutional issues, they should master the basic methodological tools and the fundamentals of the discipline to compare different constitutional experiences, and to be able to express structured and informed opinions.
Prerequisites
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Teaching Methods
The 48 hrs course is organised along traditional lectures, where students will acquire and strengthen knowledge of the fundamental concepts comparative constitutional law is based upon; a series of conferences devoted to the discussion of topics of interest in the contemporary constitutional debate (the Constitutionally Speaking Series); and the Students' workshop to discuss students' works on extra-European systems of government.
Further information
There are no pre-conditions to attend the course. For the purpose of the final exam, your attendance is valid till September 2024
Type of Assessment
If you ATTEND the classes:
-paper of about 2500 words discussing the functioning of an extra-European system of government (the selection of the case-study requires the lecturer's approval) and class presentation;
-Oral exam consisting in about 2/3 questions regarding the topics discussed during the course. The evaluation of the exam will be based on: students' knowledge of the topics, students' critical analysis and synthesis, clarity of exposition and appropriate use of specific legal language.
If you do NOT ATTEND the classes
-Oral exam consisting in about 3/4 questions on the full program. The first question will tackle more general issues, whereas the subsequent ones will focus on more specific institutes, phenomena, mechanisms. The evaluation of the exam will be based on: students' knowledge of the topics, students' critical analysis and synthesis, clarity of exposition and appropriate use of specific legal language.
THERE ARE NO MID-TERM EVALUATIONS
Course program
The detailed syllabus for students attending the course will be provided during the first classes, published on Moodle or distributed via email (upon request).
Detailed guidelines for the preparation of both the paper and the class presentation will be provided.
If you do NOT ATTEND the classes: the comparative methodologies ; fundamental constitutional notions (Constitutionalism; Separation of Powers; Rule of Law); Legal traditions; State institutions (Parliaments, Governments, Heads of State, Courts with Constitutional Jurisdiction); The complex relation between legislative and executive powers; Parliamentarism and Presidentialism; Trends in contemporary constitutionalism.