88045 - Comparative Legal Systems

Learning outcomes

The objective of the course is to provide students with the following basic knowledge of the comparative method in order to achieve both practical and theoretic purposes; the knowledge of the different systems of sources, of the organization of various forms of State and Government and of the diverse Constitutional Courts. According to the objective of the course, the student will in particular learn the regulation of the institutional structures, with special attention to the sources of law, to the evolution of the forms of State and Government and to the protection provided by the different Constitutional Courts. Furthermore the student will be able to apply the above-mentioned knowledge to European, international and institutional studies.

Course contents

1. Methodology of Comparative Public Law

• Origins and Evolution of Comparative Law
• Purposes, Functions, and Applications of Comparative Analysis
• The Selection of Case Studies
• The Uses of Comparison in Research, Judicial Decision-Making, and Law-making
• Mainstream Approaches and Critical Perspectives in Comparative Law

2. Legal Traditions and the Diffusion of Legal Models

• From Legal Families to Legal Traditions
• Common Law, Civil Law, and Mixed Legal Traditions
• Non-Western Traditions
• The Circulation of Constitutional Models and Legal Transplants 

3. Models of Territorial Decentralization

• Comparative Models of Territorial Organization and Decentralization
• Federalism, Regionalism, and the Unitary State
• Secession in Comparative Law

4. Comparative Constitutional Justice

• Traditional Classifications and Emerging Categories
• Scope, Standards of Review, and Institutional Design
• Judicial Review of Constitutional Amendments
• Dialogue Between Constitutional Courts and Supranational Jurisdictions

Readings/Bibliography

M. Bogdan, Concise Introduction to Comparative Law, 2013 (Chapter 2 “The uses of comparative law”, pp. 15-26; and Chapter 3, “Some problems connected with the study of foreign law”, pp. 29-41)

R. Dixon, “Courts and Comparative Representation-Reinforcing Theory”, Global Constitutionalism, 2025, pp. 206–218

G. Frankenberg, “Critical Comparisons: Re-thinking Comparative Law”, in Harvard international law journal, Vol. 26, 1985, p. 411-455

R. Hirschl, Comparative Matters: The Renaissance of Comparative Constitutional Law, 2014 (Chapter 5 “How Universal is Comparative Constitutional Law?”, pp. 192-223)

F.G. Nicola, G. Frankenberg, Comparative Law. Introduction to a Critical Practice, Elgar, 2024 (chapters 1 and 2)

M. Nicolini, S. Bagni, Comparative constitutional justice, Eleven, 2021, pp. 1-22

F. Palermo, K. Kössler, Comparative Federalism. Constitutional Arrangements and Case Law, Hart Publishing, Oxford, 2017, pp. 67-114

S. Ragone, Territorial Politics of Regionalism in Italy Between Integration and Disintegration, in Aa. Vv., Territorial Politics and Secession. Constitutional and International Law Dimensions, Cham, Palgrave Macmillan, 2021, pp. 191 – 213

S. Ragone, G. Smorto, Comparative Law: A Very Short Introduction, OUP, 2023 (chapters 1, 3, 7)

R. Scarciglia, Methods and Legal Comparison. Challenges for Methodological Pluralism, Elgar, 2023 (chapter 1)

Teaching methods

The course combines lectures with discussion-based learning. In addition to the required readings, students will examine constitutional and supreme court decisions, legislation, constitutional amendments, and selected academic and policy materials.

Active participation is expected. Students are encouraged to engage critically with the assigned readings, contribute to class discussions, and develop their own comparative analysis of contemporary constitutional issues.

All topics listed in the syllabus will be covered during the semester. Lectures will be supplemented by slides, primary legal sources, and additional readings, which will be made available and discussed throughout the course.

Assessment methods

FULL-TIME STUDENTS: 2 mid-term exams during the course. A retake exam is scheduled in December and in January or February an optional oral exam is open on additional materials.

NON FULL-TIME STUDENTS: 1 final written and 1 oral exam on the entire syllabus (on the same date).

Teaching tools

Slides, case law, legal texts, scholarship, newspapers, blogs.

Office hours

See the website of Sabrina Ragone