OVERVIEW

The lectures aim to offer, in a comparative perspective, a suitable knowledge of the main elements of constitutional law of the Latin-American countries, and they pay specific attention to: 1) political regimes and their historical evolution; 2) local autonomies and center-periphery relations; 3) systems of government; 4) constitutional guarantees; 5) regulations and guarantee of human rights, paying specific attention to the "new rights" typical of many recent constitutional charters.

AIMS AND CONTENT

LEARNING OUTCOMES

The lectures aim to offer a suitable knowledge of structures, values and organizational principles historically developed by Latin-American political regimes and systems of government, as well as of the social, political and cultural elements that influenced their evolution, steering them frequently in different and original directions, if compared to European and Northern American experiences. 

AIMS AND LEARNING OUTCOMES

AIMS

The lectures aim to:

Deepen the knowledge of the historical development of Latin American political regimes and systems of government, also in the light of the recent changes caused by both the democratization processes and the regional integration ones;

Deepen the knowledge of both juridical principles and fundamental institutions of liberal-democracy, their different implementations and the problems they face in their implementation in socio-economical realities different from those of Europe and Northern America;

Approach to the knowledge of both the political and party systems conditioning the working of Latin American constitutional regimes, especially in the relations between Legislative and Executive power;

Understand the mechanisms of guarantee of the Constitution and their working, especially the role played by the bodies in charge of the constitutional review;

Deepen the rules and principles about rights and duties present in the constitutional texts and the juridical mechanisms for their guarantee.

LEARNING OUTCOMES (in more detail):

After the lectures, the student should be able to:

Know and use accurately Spanish legal and constitutional language;

Develop skills of complementing each other the juridical, politicological and historical approach in the study of the items in question, in order to develop a good ability of critical and multidimensional analysis;

Understand and retrace socio-political and cultural conditions which influenced birth and development of the Latin-American constitutional regimes;

Discern the different political regimes and systems of government in Latin America and describe their working, also employing, where needed, extra-juridical scientific concepts (socio-politicological, anthropological, philosophical, etc.);

Apply accurately comparative methodology in both the analysis and the critical evaluation of juridical institutions and political structures in the countries that are subject of the lectures;

Retrace, explain and evaluate critically the real working of Latin-American constitutional systems, through critical analysis of constitutional (or constitutionally relevant) texts, documents and customs, as well as of every other historical and factual significant element (political and party systems, political culture, etc.); 

Express thoroughly knowledge, opinions, problems and proposals, related to the discipline, to both expert speakers and not.

PREREQUISITES

To deal effectively with the contents of the discipline, it's necessary to know the basic foundations of constitutional and public law and political science, as well as political thought, contemporary political and institutional history and political and economical geography of Latin America. 

It's so highly touted to have already passed or to study simultaneously for exams concerning the above-mentioned subjects.

Lastly, an adequate knowledge of Spanish language is needed, for the lectures are going to be given in Spanish. 

TEACHING METHODS

The course is 48 hours long and gives 8 CFUs. The professor will mainly give lectures, but teaching activities can also consist of the analysis of legislative, administrative and jurisprudence texts, as well as seminars and students' guided research activities, involving public exposition of the outcomes. Lectures will be given in Spanish and can possibly be complemented by slides. External lectures, speeches and congresses related to the discipline could be considered as part of the course. In this case, the professor will inform the students about them, during the lectures and through AulaWeb.

Without prejudice to the importance of the readings suggested below (at the item Recommended Reading/Bibliography), the professor will in advance look after providing or recommending (either during the lectures or through Aulaweb) further readings and studies, useful to the preparation of the following lectures.  

The attendance of the teaching activities isn't compulsory, but students not attending at least 70% of the activities shall complete their knowledge through additional readings and texts (see below, the item Recommended Reading/Bibliography).

SYLLABUS/CONTENT

Historical introduction:

a) The institutions of Latin-American colonies before the independence; b) The decolonization process in Latin America, the cultural roots of secessionist leaders' constitutional thought (especially Bolívar), the federalization attempts, the political regimes and systems of government finally realized; c) Latin-American constitutional evolution during 19th and 20th century, between liberal State, oligarchical power and military coups; d) The democratic attempts of the 20th century, the socialist, third-worldist and populist influences, the authoritarian reactions in the Seventies and the following resurgence of democracy.

Contemporary Latin-American constitutional systems:

Liberal-democracy and its social grounds; the predominance of the presidential model as system of government and the attempts of inserting parliamentary elements; the limited separation of powers in favour of the Presidents and the attempts of re-balancing by the Parliaments; electoral systems, party systems and the attempts to enlarge democratic participation; the regulations of rights and the increase of the guarantee procedures; constitutional guarantees and the role of constitutional Courts; features of federalism, where existing, and processes of regional integration (Mercosur, SICA, Central-American Parliament, etc.)

The socialist regime in Cuban experience.

The authoritarian and populist drifts: Peru under Fujimori and the Bolivarian Republic of Venezuela.

RECOMMENDED READING/BIBLIOGRAPHY

A sufficiently recent syllabus about the items to deal with in the course doesn’t exist. For such a reason, it's highly recommended to attend the teaching activities, in order to take notes and to get the additional readings the professor will suggest from time to time. In addition to all that and to the materials the professor will provide through AulaWeb, the following volume is recommended:

- ANDREWS Catherine (coord.), Un siglo de constitucionalismo en América Latina (1917-2017), tomo I, CIDE, Ciudad de México, 2017 (only the Introduction of the Editor and part I (Las trayectorias nacionales), to say pp. 20-558).

The book can easily be downloaded in electronic format, through Google Play; it's highly recommended to have it in such a format, because commissioning paper copies to a Mexican publisher could entail important increases of both prices and waiting times.

The students who won’t pledge the minimum required attendance to the lectures shall add the second Part of the same volume.

The above-mentioned volume is recommended as reference text, but the students are also allowed to use other university texts about Latin-American constitutional law, provided that such texts encompass the whole specified programme and have been published in the last 5 years.

During the course, other readings could be pointed out for people interested in deepening the items in question.

TEACHERS AND EXAM BOARD

Exam Board

ARISTIDE CANEPA (President)

MARIA ANGELA ORLANDI

MASSIMO RUARO

LESSONS

LESSONS START

Teaching activities will occur during the first term, starting on Monday, September 16th, 2019.

Lectures are scheduled:

on Monday, hh. 10-12 am;

on Wednesday, hh. 8-10 am;

on Friday, hh. 10-12 am.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam will be oral and preferably in Spanish but, upon justified request, it could be written and/or in Italian.

Students of Erasmus programme (or other similar programmes scheduling only a temporary stay) are allowed, on request, to sit the exam, instead of Spanish, in other languages (English, French, Italian and Portuguese are available).

During the exam, at least three items related to the discipline will be debated, starting from more general concepts to reach then an higher degree of detail. In case of written exam, it will consist in three open questions at different degrees of detail. 

The examination board is appointed by the Department Council and, except in the case of hindrance, chaired by the professor in charge of the course.

EMERGENCY CORONAVIRUS - SUMMER and SEPTEMBER 2020 EXAM SESSIONS

As you certainly know, Summer and September exam sessions are going to be on-line.

I confirm the scheduled dates you already saw on the University website (June 9th, June 30th, July 21st and September 9th, all at 10:00 a.m.). Please note that I added a fourth round for the Summer session, on July 31st, 2020, at 10:00 a.m.

At the round you’re going to take part, you’re first of all expected to register yourself to the exam through on-line services of the University of Genoa, as usual: please do it well in advance, in order to make us easier the compliance with the following obligations.

One or two days before the exam, I’m going to send to you a scheduled time for your connection. In every case, I’m going to call you in little groups: as a matter of fact, being the exam a public procedure, every exam has to be witnessed by a neutral observer, so you’ll be asked for witnessing each the exam of the others.

The examination board is going to be composed by prof. Maria Angela Orlandi (or some other colleague) and me, jointly connected through the net. The exam will be oral.

The exam is going to be hosted by the platform TEAMS, in the group “Esami Dispo a.a. 2019/20”, whose password is hxif4cu 

Hadn’t any of you ever had access to TEAMS, he/she can find on Aulaweb the user’s guide to connect. Please note that, through the account Office 365-UNIGE, Microsoft Office 365 packet is free for University of Genoa staff and students.

Once entered in the group “Esami Dispo a.a. 2019/20”, you’re going to find links to several “virtual rooms”. Please open 57053 - DIRITTO PUBBLICO COMPARATO, and you’ll find there the examination board. We’re going to examine you one at a time, but other students (at least one) are kindly requested to keep connected and witness the exam.

The candidate shall show identification through either university badge (preferred) or other ID document with photo. He/she shall switch both camera and microphone on, whereas other connected students are kindly expected to switch them off, in order to avoid disturbing noises, even though they keep connected to witness the exam. Could they be interested in intervening, they’ll be able either to switch microphone on between two exams, or to chat on the group.

During the exam, aids of every kind (books, mobile phones, pcs, tablets, assistance from third parties) are strictly forbidden. Since next June 1st, registering procedures are going to ask you for signing an official engagement not to use any form of assistance during the exam. For such a reason, please register to the exam from June 1st on.

Should any of you be caught in the act of receiving any form of assistance during the exam, I remind you that he/she would be accountable not only for disciplinary action, but also (having signed false statements) for criminal offence.

Both handicapped students and students with certified learning disabilities, being entitled to use some forms of assistance, are kindly asked to contact me before the exam. Especially students entitled to use concept maps are kindly requested to send me them at least ten days before the exam, for my check.

Students having insuperable problems about internet connection are also kindly asked to contact me in order to arrange another date for the exam. 

Last but not least, I remind you that it’s forbidden to record the exam.

I’m available for further explanations and I remain yours sincerely  

prof. Aristide Canepa

ASSESSMENT METHODS

First of all, the student should demonstrate: the knowledge of the course topics, an accurate use of the language, a suitable order in the presentation of the subjects, competence in the technical language, juridical, politicological and historical.

A preferential evaluation will be conferred to the following skills: the ability to re-elaborate in a critical way the acquired information and the concerned topics; the accurate implementation of the comparative methodology; the ability to analyse critically constitutional (or constitutionally relevant) texts, documents and customs, as well as every other historical and factual element (political and party systems, political culture, etc.) significant in the real working of a Latin American constitutional system; the possible expression of personal considerations, duly reasoned and justified, according to the acquired data and comparative methodology.

Exam schedule

FURTHER INFORMATION

Teaching methods, especially about the possibility the professor gives in advance readings and documents to better introduce the students to following lectures, have been revised according to the suggestions proposed by last year students in their evaluation forms.