00223 - Italian and Comparative Constitutional Law

Learning outcomes

At the end of the course the student will be able to: - - know the basics of legal comparison, the most important notions about the sources of the law of foreign legal system and how to relate their dynamics to the forms of government; - orientate himself through classifications and models of "forms of state" and "forms of government", grasping the meaning of their evolution; - reconstruct and order, also in the light of constitutional justice, the rules regarding regionalism and federalism; - know the most important models of constitutional judicial review and connect its role both with the forms of government and the protection of rights; - know the basics about current problems regarding rights (freedom of association and unconstitutional parties, human rights and emergency situations); - know the provisions of Italian constitution which are relevant for international relations, resulting from a deep study of their most problematic aspects.

Course contents

General part

1. Science and method of comparative law. 2. Constitutions and constitutionalism. 3. Sources of law. 4. Legal Families and Forms of State, with particular reference to decentralisation. 5. Forms of government. 6. Branches of government. 7. Constitutional judicial review. 8. Rights and freedoms.

Special part

Specific topics (methods in comparative law, local government, forms of government, constitutional judicial review, Roma minorities, India, Austral Africa ).

Readings/Bibliography

General part

L. Pegoraro, A. Rinella, Sistemi costituzionali comparati, Giappichelli, Torino, 2017

Special part

Students have to choose one of the following:

G. Tusseau, Modelli di giustizia costituzionale. Saggio di critica metodologica, B.U.P., Bologna, 2009

A.-G. Gagnon, Oltre la "nazione unificatrice" (in difesa del federalismo multinazionale), B.U.P., Bologna, 2008

S. Baldin, Le minoranze rom fra esclusione sociale e debole riconoscimento giuridico, B.U.P., Bologna, 2013

S. Ragone, I controlli giurisdizionali sulle revisioni costituzionali, B.U.P., Bologna, 2011

S. Bagni, Giustizia costituzionale comparata. Proposte classificatorie a confronto, B.U.P., Bologna, 2014

D. Amirante, Lo Stato multiculturale. Contributo alla teoria dello Stato dalla prospettiva dell’Unione indiana, B.U.P., Bologna, 2014

M. Nicolini, L’altra Law of the Land. La famiglia giuridica “mista” dell’Africa australe, B.U.P., Bologna, 2016

Multiple choice test:

Items will be picked up from the volume: L. Pegoraro, Diritto pubblico e sistemi costituzionali comparati. Itinerari di apprendimento e di verifica, Giappichelli, Torino, 2018. Only items contained in the book should be considered.

Teaching methods

The course consists of lessons, seminars and weekly discussions based on the students' essays.

External scholars, mainly from abroad, will be invited as guest speakers.

Attendance to seminars, essays and active partecipation to discussions will contribute to the evaluation of the final examination, according to the criteria indicated by the teacher during lessons. At lessons and seminars signatures of attending students will be collected.

Assessment methods

Non attending students:

One written admission test regarding only the general part of the program of the course. Passing the written admission test is necessary in order to sit the oral exam. The written admission test consists of multiple choice questions. Tests will be graded on site, and results will be posted immediately.

Those who pass the written admission text will sit an oral exam. The oral exam will focus on the textbook (i.e. the general part of the program of the course) and on the book (i.e. the special part of the program of the course) that the student opted for.

Attending students:

After the first half of the course (time and place to be determined and announced in class) students can sit a written exam that will consist of one short essay about the book of the special part. Those who pass the written exam will not be examined on the book (i.e. the special part of the program of the course) during the final oral exam. The result will also be taken into account so as to determine the final mark.

Extra points will also be assigned to those that actively participate to class activities (debates; lectures; seminars; etc.).

Erasmus and Exchange students:

Program and assessment methods for Erasmus and Exchange students are the same as for Italian students. However, on the basis of a request presented to the Professor, they can be exempted from sitting the written admission test.

Teaching tools

The course consists of lessons, seminars and weekly discussions based on the students' essays.

External scholars, mainly from abroad, will be invited as guest speakers.

Links to further information

http://www.dsps.unibo.it/it/servizi-e-strutture/centri-di-ricerca/centro-di-studi-sullamerica-latina

Office hours

See the website of Lucio Pegoraro