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

The course is organized with a part of lectures taught online on MS TEAMS (20 hours) and another taught in presence (20 hours). The number of students allowed in class is determined on the basis of class capacity and by the health and safety provisions that deal with the pandemic emergency. In case more students want to attend classes in presence than permitted by the rules, a system of shifts will be organized so to allow students to participate. Regardless of the health-related conditions and the specific organization of the course, students will be able to follow the lessons of the entire course remotely on MS TEAMS.

CONTENTS:

1. Methodology of the study 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.

5. Rights and freedoms in Western declination and in other systems.

6. 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)

 

For the preparation of the exam:

For the multiple choice test, the items will be chosen among those published in L. Pegoraro, Diritto pubblico e sistemi costituzionali comparati. Itinerari di apprendimento e di verifica, Giappichelli, Torino, 2nd ed. 2020. The written proof will focus on those items, as far as they are coherent with the program.

DISCLAIMER: as long as the COVID-19 restrictions are in place and the exams take place remotely, the items will be used as part of the oral examination.

Teaching methods

The course will be held with regular lessons and weekly debates based on students' presentations (both in class and online).

Participation and reports during the seminars will be taken into account as part of the grade, according to the methodology explained in class.

Assessment methods

The final test will be composed of a written and an oral part. 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 syllabus.

Those who pass the written admission test will sit an oral exam.

The oral exam will focus on the textbook (i.e. the general part of the syllabus) and on the book (i.e. the special part of the syllabus) that the student chose.

DISCLAIMER: until the end of the COVID-19 restrictions, i.e. during oral exams, the multiple choice questions will be asked orally.

 

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 selected book of the special part. Those who pass the written exam will not be asked about the book they selected for the special part during the final oral exam. The result will also be taken into account so as to determine the final grade.

Students who do not attend class will be allowed to take an oral examination on the selected book orally, on the date and conditions explained by the Professor. If they pass, the evaluation will be taken into account when determining the final grade.

As a consequence, the final ORAL exam will not cover the selected book.

Alternatively (or in addition, based on students'choice) to the special part, students are encouraged to present in class a research carried out by 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 specific request, 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