OBIETTIVI FORMATIVI (DETTAGLIO) E RISULTATI DI APPRENDIMENTO

Course entirely taught in English.

The aim of the module is to provide students with basic knowledge on comparative method, both with theoretic and practical purposes.

During the lessons, students will learn how applying the comparative method to study various topics, such as sources of law, human rights, models of constitutional adjudication.

In detail, students will be able to:

- analyse the foundational principles of comparative law;

- apply comparative law to complex problems/issues, from a theoretical perspective as a part of a team;

- conduct legal search and analysis both independently and cooperatively in an academic environment;

- analyse the impact of comparative law from comparative and international perspectives, and in context of social and cultural diversity;

- (for attending students) reflect on their abilities to effectively undertake work as a member of a team ;

- autonomously and critically evaluate the major issues and events.

MODALITA' DIDATTICHE

The module will be developed through lessons and conferences.

Attending students are asked to ensure regular class attendance and actively participate in class discussion. Futhermore, students are required to orally present case studies during the course.

All classes will be a combination of lectures and discussion.

Experts and visiting foreigner Professors are asked to present some specific experiences. 

PROGRAMMA/CONTENUTO

The module considers the foundations of the "modern" and "contemporary" constitutional law and the legacies of Western constitutionalism. For this purpose, the course will use the comparative legal method, which is useful in cross-national analyses.

The module will focus on the following contents, applying the case-law method.

A first part on:

- introduction to comparative constitutional law;

- Constitutions and constitutionalism;

- Sources of law;

- human  rights.

A second part will develop the mail topics related to the protection of human rights. In detail, it will deal with:

- protection of minorities;

- religious accommodation;

- principle of equaliy and no discrimination;

- political participation; parties and pressure groups;

- direct and deliberative democracy;

- self-determination of peoples and the role of referendum.

TESTI/BIBLIOGRAFIA

Attending students:

- lecture notes;

- all the materials provided during the classes and loaded into aula web. 

No attending students: C. Fusaro, D. Oliver (eds.), How Constitutions Change: A Comparative Analysis, Oxford, Hart Publishing, 2011; 

ALTERNATEVELY

M. Rosenfeld, A. Sajó (eds.), The Oxford Handbook of Comparative Constitutional Law, Oxford, Oxford University Press, 2012