73344 - Public Law Of Developing Countries

Learning outcomes

At the end of the course the student will know the rights of emerging countries, with particular focus on those of Latin America, the problems of model assumptions, the new proposals of Western and local constitutionalism, the themes related to globalization, developed with scientific methods and tools specialized for research and historical / comparative problems contextualization; he will be able to properly set up a research using different document sources.

Course contents

1. Study Methodology of legal systems, the use of "other" sciences, circulation of formants, classifications. 2. Legal Families, Forms of State, Sources of Legitimation of Power, sources of law. 3. Constitutionalism and new models of constitutionalism. 4. In particular: Latin American Nuevo-constitucionalismo, the "buen vivir" and the incorporation of indigenous traditions, the multicultural State. 6. Rights and freedoms in Western declination and in other systems. 7. Case studies

Readings/Bibliography

L. Pegoraro, A. Rinella, Costituzioni e fonti del diritto, Giappichelli, Torino, 2018 (pp. 1-191).

ONE between the followings:

S. Bagni (cur.), Dal Estado del bienestar al Estado del buenvivir. Innovazione e tradizione nel costituzionalismo latino-americano, Filodiritto, Bologna, 2013 (pp. 1-154)

J. Carpizo, M. Carbonell, Diritto costituzionale messicano, Giappichelli, Torino, 2010 (pp. 1-230)

D. Amirante, Lo Stato multiculturale. Contributo alla teoria dello Stato dalla prospettiva dell’Unione indiana, Bup, Bologna, 2015 (pp. 1-176)

M. Nicolini, L’altra Law of the Land. La famiglia giuridica “mista” dell’Africa australe, B.U.P., Bologna, 2016 (pp. 1-198)

A. Ciammariconi, Prospettive del costituzionalismo lusofono, B.U.P., Bologna, 2016 (pp. 1- 151)

Different books could be suggested exclusively for attending students

In order to prepare the exam:

For the multiple choice test, the items will be chosen between those published in L. Pegoraro, Diritto pubblico e sistemi costituzionali comparati. Itinerari di apprendimento e di verifica, Giappichelli, Torino, 2018. The written proof will focus on those items, as fas as they are coherent with the program.

Teaching methods

The course will be held with regular lessons and weekly debates based on students'works. Foreign teachers will be invited to give lessons.
Attendance at seminars, reports and interventions during the debates will be recognized during the exam, as explained by the professor at the lesson.
The signatures of attending students will be collected at lessons and seminars.

Assessment methods

Non attending students:

One written admission test regarding only the general part of the program of the course. Passing the written admission test is necessary in order to sit the oral exam. The written admission test consists of multiple choice questions. Tests will be graded on site, and results will be posted immediately. Items will regard only the General part of the contents.

Those who pass the written admission text will sit an oral exam. The oral exam will focus on the textbook (i.e. the general part of the program of the course) and on the book (i.e. the special part of the program of the course) that the student opted for.

Attending students:

After the first half of the course (time and place to be determined and announced in class) students can sit a written exam that will consist of one short essay about the book of the special part. Those who pass the written exam will not be examined on the book (i.e. the special part of the program of the course) during the final oral exam. The result will also be taken into account so as to determine the final mark.

Alternatively (or in addition, based on students'choice) to the special part, students will be able to illustrate, during a regular lesson, a research for groups of 2-4 on some of the legal-cultural areas studied (eg Islamic law, Arab nationalism, New Latin American constitutionalism, Hindu and Indian law, Chinese law, etc.)

 

Erasmus and Exchange students:

Program and assessment methods for Erasmus and Exchange students are the same as for Italian students, except of alternative readings about the special part of the course. However, on the basis of a request presented to the Professor, they can be exempted from sitting the written admission test.

Teaching tools

Seminars and conferences with Italian and Foreigners Colleagues

Office hours

See the website of Lucio Pegoraro