- Docente: Patrizia Pederzoli
- Credits: 8
- SSD: SPS/04
- Language: Italian
- Teaching Mode: Traditional lectures
- Campus: Forli
-
Corso:
Second cycle degree programme (LM) in
International relations and diplomatic affairs (cod. 8783)
Also valid for Second cycle degree programme (LM) in Criminology for Investigation and Security (cod. 8491)
Second cycle degree programme (LM) in Mass media and politics (cod. 8051)
Learning outcomes
Students are expected to know concepts, models and methods of analysis allowing them to understand the role of judicial institutions in contemporary democracies, their influence on collective decisions and the dynamics they may trigger in the political system. By comparing the two main legal traditions - common law and civil law - students will learn to detect similarities, differences and variations concerning the institutional settings of the national cases under exam and will be able to connect their recent evolution with supranational developments.
Course contents
I Introduction: Political system and judicial system - The role of the judge: independence and accountability -The judicialisation of politics
II The judiciary and the political system: The institutional settings: the relevant variables - Cases analysis -The governance of the judiciary
III The relations between justice and politics: The scope of jurisdiction - The role of supreme courts -Access to justice and public prosecution - The powers of the bench in the judicial process - Judicial review of legislation: role and functions of constitutional courts
IV The supranational dimension: The European court of justice - The Ecj and the national courts
Readings/Bibliography
C. Guarnieri e P. Pederzoli, La magistratura nelle democrazie contemporanee, Bari-Roma, Laterza, 2002
(*) A. Panebianco, Il potere, lo Stato, la libertà, Bologna, il Mulino 2004, capitolo IV
(*) P. C. Magalhaes, C. Guarnieri, Y. Kaminis, Democratic Consolidation, Judicial Reform, and the Judicialization of Politics in Southern Europe, in R. Gunther, P.N. Diamandouros, D.A. Sotiropoulus (eds), Democracy and the State in the New Southern Europe, Oxford, Oxford U.P., 2006, pp. 138-196
(*) M. Tabarelli, Le politiche giudiziarie inglesi negli anni 2000, in "Rivista Italiana di Politiche Pubbliche", n. 3, 2010, pp. 115-139
(*) A. Stone Sweet, The Judicial Construction of Europe, Oxford, Oxford U.P., 2004, pp. 64-96
(*) M. Cartabia, I diritti in azione, Bologna, Il Mulino, 2007, pp. 13-66
(*) texts will be made available before the beginning of the course.
Teaching methods
Lectures. Depending on the number of students, seminars on specific topics could be held, requiring the active collaboration of participants.
Assessment methods
Oral exam aimed at assessing the knowledge of the required bibliography, the ability to connect the various parts of the syllabus, and overall the proper use of theories and concepts enabling students to carry out a comparative analysis.
Teaching tools
No slides. When relevant, institutional web sites will be visited.
Office hours
See the website of Patrizia Pederzoli