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COMPARATIVE AND CONSTITUTIONAL LAW AND EUROPEAN LAW

CODE 65680
ACADEMIC YEAR 2022/2023
CREDITS
  • 9 cfu during the 2nd year of 11161 SCIENZE DELL'AMMINISTRAZIONE E DELLA POLITICA (L-16) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/21
    LANGUAGE Italian
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 2° Semester
    TEACHING MATERIALS AULAWEB

    OVERVIEW

    The lectures aim to offer a suitable knowledge of the main elements of public law in a comparative perspective, and they pay specific attention to: 1) political regimes and their historical evolution; 2) organization of local autonomies and emergence of multi-level governance; 3) systems of government (especially in the liberal- democratic regimes); 4) constitutional guarantees.

    AIMS AND CONTENT

    LEARNING OUTCOMES

    At the end of the course the student will acquire:

     

    - an appropriate knowledge of the forms of state in their historical evolution, with particular regard to the democratic and Socialist State,

    - an adequate knowledge of the systems of government in the Democratic State (in particular the parliamentary, presidential, semi-presidential and directorial systems),

    - the methodology and appropriated competences to deal critically and comparatively with the issues of Constitutional Law,

    - the proper vocabulary for illustrating and discussing researches in the field of Comparative Constitutional Law

    AIMS AND LEARNING OUTCOMES

    At the end of the course the student will acquire:

    -        identify the different forms of state and systems of government and illustrate how they work;

    -        analyze and explain the modalities of the relations between the central state and the local authorities in the various models of federal and regionalized state;

    -        deepen the rules and principles about rights and duties present in the constitutional texts and their pratical consequences;

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

    -        correctly apply comparative methodologies in the critical examination of the main issues of constitutional law;

    -        read and critically examine, with autonomy of judgment, scientific articles of comparative constitutional law, Constitutions, sentences of the Constitutional Courts.

    -        expose and argue using the legal-constitutional language correctly researches in the field of comparative constitutional law.

    PREREQUISITES

    Even in the absence of an official prerequisite, it is advisable to have already taken or to prepare at the same time at least the exam of "Public Law".

    During the course the teacher will however explain in a synthetic way those concepts that will be developed in a comparative key.

    TEACHING METHODS

    The lessons are frontal for a total of 54 hours equal to 9 CFU supported by slides to facilitate learning. During the lessons, the main theoretical notions of comparative constitutional law will be presented and analyzed also through the examination of the constitutional texts and judgments of the Constitutional Courts.
    Attendance is not mandatory, however
    those who ensure the attendance of at least 2/3 of the lessons will be able to bring to the exam a topic of their choice which will constitute the first exam question. In addition, lectures, conferences and conventions on the subject may also be an integral part of the course, which in this case will be reported by the teacher during the course and via AulaWeb. Also on AulaWeb it will be possible to attach texts of judgments, legislative acts or suggested reading of essays aimed at deepening the topics covered in class. At the request of the students it will be possible to deepen in seminar form some topical topics related to teaching.

    Non-attending students will have to integrate their preparation with additional readings and texts that will be communicated in class.

    If the epidemiological situation requires it, the teaching will be carried out remotely, according to the specifications that will be published promptly in the AulaWeb application of the course.

    The remote lessons will take place on the TEAMS channel. The TEAMS code: ha0t6cg eventually news will be communicated via aulaweb

    SYLLABUS/CONTENT

    Forms of state and types of state: federal and regionalized;

    The different comcepts of Constitution and the ideology of constitutionalism. Outlines of comparative methodology.

    The constitutional discipline of rights and duties and the system of sources of law in the countries studied.

    The systems of government in the liberal-democratic regimes; general principles and analysis of some contemporary democratic experiences: presidential government (USA), semi-presidential government (French Fifth Republic, Weimar Republic and brief outlines of the other experiences), parliamentary government (United Kingdom, brief outlines of French Third and Fourth Republic, Spain, Germany), directorial government (Switzerland).

    The main models of constitutional justice.

    The main electoral systems and their impact on the dynamics of the systems of government, in particular on the relations between the executive and the legislative powers.

    RECOMMENDED READING/BIBLIOGRAPHY

    The following volume is recommended:

    T.E. Frosini (a cura di), Diritto pubblico comparato. Le democrazie stabilizzate, il Mulino, ult. ed., in particular the Chapters: 1 (only par. 1), 2, 3, 4, 5, 8, 10.

    The students who won't pledge the minimum required attendance the lectures shall add the following chapters: 6, 7, 11.

    Or:

    A. Di Giovine e altr., Lezioni di diritto costituzionale comparato, Le Monnier, ult. ed., in particular the Chapters: 1, 2, 3, 4, 5, 6, 7, 12, 14, 15, 16, 17 (only Spain and Switzerland), 18.

    The students who won't pledge the minimum required attendance the lectures shall add the following chapters: 8, 9, 10, 22.

    We also recommend the following volume as a support to the lectures:

    L. Cuocolo, Costituzioni, Egea, 2021.

    Attending students will have to focus the preparation on lecture notes, slides and material provided from time to time on the Aulaweb platform.

    Non-attending students must complete their preparation by studying the Chapters indicated in addition to those indicated for attending students.

    The above-mentioned volumes are recommended as reference texts, but the students are also allowed to use other university texts of Comparative 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 foreign students and/or for people interested in deepening the items in question.

    TEACHERS AND EXAM BOARD

    Exam Board

    MARIA ANGELA ORLANDI (President)

    ARISTIDE CANEPA

    FEDERICO DELFINO (Substitute)

    LESSONS

    LESSONS START

    The lectures are scheduled in the second term. Monday 14th  February 2022

    TEAMS Code: ha0t6cg.

    The timetable of all courses is available on EasyAcademy.

    Class schedule

    All class schedules are posted on the EasyAcademy portal.

    EXAMS

    EXAM DESCRIPTION

    The exam is oral and in Italian.
    At least three topics related to the course will be discussed, starting from the general concepts and progressively entering into detail.
    Those who ensure the attendance of at least 2/3 of the lessons will be able to bring to the exam a topic of their choice that will constitute the first exam question.
    For particular situations, at the motivated request of the student, the exam may be written.
    In the case of a written exam, this will consist of three open questions, on topics at different levels of depth.
    The Examination Commission is designated by the Department Council and, unless impeded, it is chaired by the lecturer in charge of the course.
    For foreign students who request it, it will be possible to take the exam in written form in English or French.

    Remote exams will take place on the TEAMS channel of the Code Department: hxif4cu

    Room 65680 Comparative and European constitutional law.

    ASSESSMENT METHODS

    First of all, the student should demonstrate: the knowledge of course topics, a suitable order in the presentation of the subjects, competence in the technical language.
    A preferential evaluation will be conferred to the following skills: tha ability to realaborate 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; the possible expression of personal considerations, duly reasoned and justified, according to the acquired data and comparative methodology.

    Exam schedule

    Date Time Location Type Notes
    22/12/2022 10:00 GENOVA Orale
    17/01/2023 10:00 GENOVA Orale
    07/02/2023 10:00 GENOVA Orale
    06/06/2023 10:00 GENOVA Orale
    27/06/2023 10:00 GENOVA Orale
    18/07/2023 10:00 GENOVA Orale
    11/09/2023 10:00 GENOVA Orale

    FURTHER INFORMATION

    TEAMS platform online exam channel (if necessary): hxif4cu

    TEAMS platform online lessons channel (if necessary): v. Aulaweb