00236 - Comparative Public Law (M-Z)

Learning outcomes

This course's aims are:

· to make students familiar with the basic aspects of contemporary constitutionalism in Western democracies, countries in transition to democracy and beyond;

· to show them that, by revealing how other systems address similar problems, comparative constitutional law gives us a better purchase on our own legal system and legal culture;

· to push them to evaluate the foundations of individual legal systems: the assumptions, choices and values that have formed them;

· to provide them with a critical understanding of the strengths and limits of constitutional law in regulating social and political processes.

 

 

Course contents

The first part of the course will tackle two main subjects:

1) “Defining and Elaborating the Constitution”, which treats fundamental subjects such as the definition of constitutionalism, written and unwritten constitutions, models of constitutional adjudication and different approaches to interpretation;

2) “The Division of Governmental Powers”, which explores the ways in which limitations on governmental powers have been pursued in different constitutional systems (presidential v parliamentary democracy, federalism and regionalism etc.) 

The second part of the course will tackle two others main subjects:

1) “Fundamental Rights”, which provides a comparative framework for discussion of free expression, privacy, dignity, autonomy, equality and liberty;

2)Reproductive Rights in Comparative Constitutional Law and Conflicts over Religious Symbols in the Public Sphere

Readings/Bibliography

Giuseppe de Vergottini, Diritto costituzionale comparato, IX edition, Padova, Cedam, 2013, except for pages 223-240, 337-359, 573-673. 

Susanna Mancini, Un affare di donne. L'aborto tra eguale libertà e controllo sociale, Padova, Cedam, 2012.

 

Teaching methods

The course will be highly interactive. Theoretical issues will be confronted with practical cases in order to allow the students to understand and verify what comparative public law means.

Assessment methods

The students' learning will be constantly verified through discussions and debates. The final exam will be oral.

Teaching tools

Some of the topics covered in class will be explained through slides representing logical connections between private law topics in order to facilitate learning. Other supporting materials ( legal cases, documents, legal texts, slides) will be made available to students on the website.

Students with disabilities or Specific Learning Disorders (DSA) can ask to the Professor adaptations for their specific needs.

Office hours

See the website of Elena Ferioli