96208 - TRADUZIONE GIURIDICA E COMPARAZIONE NEL DIRITTO COSTITUZIONALE: COSTITUZIONALISMO COPIA-INCOLLA E CRISI DI RIGETTO

Learning outcomes

Through the comparison of constitutional texts and judgments of Constitutional and Supreme Courts, the student will acquire the skills of legal drafting and legal interpretation necessary to avoid rejection crisis or incorrect applications of institutions that, although literally similar, require a method of analysis aware of the different linguistic context and the different legal tradition in which they are implemented.

Course contents

Part I (theoretical approach): Introduction on translation problems in comparative law; elements of normative drafting; the vagueness of norms in constitutional law; the use of foreign law in the jurisprudence of high courts.
Part II (legal laboratory): students will be assigned a constitutional text, which they will have to analyze from the point of view of drafting legislation, reformulating the vague provisions.
The same texts will be compared in class, to construct a thesaurus with respect to specific topica.
Alternatively or in addition (depending on the number of students attending the seminar) students will be assigned a judgment of a high Italian or foreign court and will be asked to analyze how the argument of comparative or foreign law is used in the rationale of the case.

Teaching methods

The first part of the seminar will be held as frontal teaching; the second part will consist of laboratory activities of students, who will be called in the classroom to carry out, preferably in a group, analysis and revision of normative texts.

Assessment methods

The "idoneità" will be attributed on the basis of active participation in the laboratory, through the individual or group presentation of the texts commented and reformulated according to the acquisitions of the theoretical part of the seminar.

Teaching tools

Ppt and additional Materials Will be uploaded in the course moodle

Office hours

See the website of Leonardo Pierdominici