85518 - Public Law and Protection of Fundamental Rights

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

No poverty Gender equality Reduced inequalities Peace, justice and strong institutions

Academic Year 2019/2020

Learning outcomes

This course provides a wide-ranging survey of conceptual foundations and issues in contemporary public law and human rights law. The purpose of the first part of the course is to provide students the ability to understand the functioning of the State, its policies and their concrete applications, even managing to understand the real meaning of the institutional changes and their weight in the legal order. The second part of the course will be dedicated to the study of the means of protection of human rights, in the national as well as in the international and European context. This course explores major features of human rights' protection through close examination of selected decisions of the Italian Constitutional Court, the European Court of Justice and the European Court of Human Rights. A special focus will be dedicated to the study of cultural rights and of the rights of immigrants both in the National and in the European context

Course contents

In the first part of the course the students will study the bases of comparative public law especially in the light of protection of human rights.

The second part of the course will be dedicated to the study of the means of protection of human rights, with particularly reference to the international and European context.

This course explores major features of human rights' protection and there will be a close examination of selected decisions of international and supranational Courts.

A special focus will be dedicated to the study of cultural rights and of the rights of immigrants both in the National and in the European and international context.

Readings/Bibliography

The students that will NOT attend the lessons shall prepare:

1. M. Tushnet, Advance introduction to comparative constitutional law, E.Elgar, 2014

2. M. Rosenfeld, A. Sajo, The Oxford handbook of comparative constitutional law, limited to

- D. Grim, Types of constitutions, pp. 98-131

- Part VII, Rights, § 42 to 50, pp. 891 -1161

- Part VIII, Overlapping rights, § 51-55

- Part IX, Trends, § 59 and 62

3. S. Morano - Foadi & Lucy Vickers, Fundamental Rights in the EU, limited to chapter 7 and 8, pp. 155 ff.

the entire book is available on line in https://www.researchgate.net

The students that WILL ATTEND the lessons shall prepare

1. M. Tushnet, Advance introduction to comparative constitutional law, E.Elgar, 2014

2. The topic analyzed in class and articles and essays that will be indicated the first day of lessons and will be available from the web page of the course.


Teaching methods

The course will be held both in the form of the traditional oral lecture, and involving students in active participation, especially discussing some leading cases on specific important topics.

During the lesson there will be power-point presentations and the students will be given summaries and case law material.

Assessment methods

Lectures will be held in the winter term 2019/2020, therefore students may take the exam starting from January 2019.

For non attending students, exams will be held orally.

For attending students, exam may include different types of evaluations that will be explained the first day of lesson.

in any case, during the exam students must demonstrate to master the main parts of the program.

Teaching tools

All students will be provided with power point presentations and case law material analyzed during the lessons.

Office hours

See the website of Caterina Drigo