The course analyses: the comparative methodologies applied to constitutional law; fundamental constitutional principles (Democracy; Separation of Powers; Rule of Law; Human Rights Law; Federalism); State institutions (Parliaments, Governments, Heads of State, Court with Constitutional Jurisdiction); Functioning of the most interesting forms of government; Trends in contemporary constitutionalism.
If you ATTEND the classes
- Your notes
-R. Masterman, R. Schutze (eds), The Cambridge Companion to Comparative Constitutional Law , Cambridge, CUP 2019 chapters dealing with topics discussed during the course;
-H. Fix-Fierro & P. Salazar-Ugarte, Presidentialism, in M. Rosenfeld, A. Sajò (eds), The Oxford Handbook of Comparative Constitutional Law, Oxford, OUP, 2013;
-A.W. Bradley & C. Pinelli, Parliamentarism, in M. Rosenfeld, A. Sajò (eds), The Oxford Handbook of Comparative Constitutional Law, Oxford, OUP, 2013.
If you DO NOT ATTEND the classes:
-R. Masterman, R. Schutze (eds), The Cambridge Companion to Comparative Constitutional Law , Cambridge, CUP 2019 chapters: 1, 2, 8, 9, 10, 11, 12, 13, 14, 16, 18
-H. Fix-Fierro & P. Salazar-Ugarte, Presidentialism, in M. Rosenfeld, A. Sajò (eds), The Oxford Handbook of Comparative Constitutional Law, Oxford, OUP, 2013;
-A.W. Bradley & C. Pinelli, Parliamentarism, in M. Rosenfeld, A. Sajò (eds), The Oxford Handbook of Comparative Constitutional Law, Oxford, OUP, 2013;
-W. Chang & J Yeh, Internationalization of Constitutional Law, in M. Rosenfeld, A. Sajò (eds), 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 divided and/or 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
none
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; and a number of workshops to discuss students works.
Further information
There are no pre-conditions to attend the course. For the purpose of the final exam, your attendance is valid till September 2021
Type of Assessment
If you ATTEND the classes:
-paper of about 2500 words discussing the functioning of a given system of government (the selection of the jurisdiction requires the lecturer’s approval) and class presentation;
-Oral exam consisting in about 2/3 questions regarding the issues addressed 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 and constitutionalism; fundamental constitutional principles (Democracy; Separation of Powers; Rule of Law; Human Rights Law; Federalism); State institutions (Parliaments, Governments, Heads of State, Court with Constitutional Jurisdiction); Parliamentarism and Presidentialism; Trends in contemporary constitutionalism.