00236 - Comparative Public Law

Learning outcomes

The aim of the course is to provide students with basic knowledge on comparative method, both with theoretic and practical purposes. During the course students will learn how to apply the comparative method to study various topics such as legal families and sources of law, forms of State and Government, human rights, federalism and regionalism, models of constitutional adjudication.

Course contents

Part I

1. Introduction to Comparative Constitutional law
2. Constitutions and constitutionalisms
3. Sources of Law
4. Forms of State and forms of Government
5. Federalism and regionalism
6. Constitutional organization
7. Constitutional justice

Part II

Focus on Environment : nuevo constitucionalismo and rights of nature; earth jurisprudence and ecological constitutionalism

Readings/Bibliography

COMPULSORY READINGS

Part I

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

Part II

One of the following texts, freely chosen by the student:

S. Bagni, Il popolo legislatore, BUP, Bologna, 2017

S. Bagni (a cura di), Dallo Stato del bienestar allo Stato del buen vivir. Innovazione e tradizione nel costituzionalismo latino-americano, Filodiritto Editore, Bologna, 2013

L. Pegoraro, Giustizia costituzionale comparata. Dai modelli ai sistemi, Giappichelli, Torino, 2015

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

Students can propose other text, subject to the evaluation of the professor, if they are interested in specific topics.

For foreigners or Erasmus students:

G.F. Ferrari (cur.), Introduction to Italian Public Law, Giuffrè, Milano, 2008.

6 credits exam: only the text indicated in Part I.

3 credits exam (“idoneità”): one of the text indicated in part II, freely chosen by the student.

Suggested readings

Comparative constitutional code:

S. Bagni, M. Nicolini, G. Pavani, F. Rosa (a cura di), Materiali essenziali per un corso di Diritto costituzionale comparato, Filodiritto Editore, Bologna, 2016

Instruments for auto-evaluation:

L. Pegoraro, Diritto pubblico e sistemi costituzionali comparati. Itinerari di apprendimento e di verifica, Giappichelli, Torino, 2018

Additional Materials given by the teacher

The teacher will upload in the moodle additional materials. The moodle is accessible from the link below, on subscription to the course. 

Teaching methods

The course will be developed through lessons and conferences, also held by visiting foreigner Professors, with use of slides and internet, moodle.

Students are kindly encouraged to attend lessons and actively participate to the discussions. 

Attending Students can also prepare a brief oral exposition, in groups or alone, on topics suggested by the professor and then orally explained in the classroom. If the job is positively evaluated, students will be freed from the study of the additional volume of Part II.

Assessment methods

ATTENDING STUDENTS AND WORKER STUDENTS

They will be considered “Attending Students” those who attended at least 70% of the classes, based on a call made daily by the professor during the course. Worker studentes registered will be treated as “Attending Students”.

Attending Students can choose, if they wish, to carry out the final exam in two parts: in the “preappello” dedicated to them, which is held the week before the official start of the session, they will be called to perform a one-hour written test on the first part of the manual (Chapter I- V). The test will consist of open-ended questions or of a multiple choice test. In the first case, Students must obtain a sufficient evaluation in each question. Marks will be given in 30/30 and the final evaluation will be the average of the written text and oral exam. If a student is not satisfied with the mark obtained in the written test, can always decide to bring the entire program at oral examination .

The final exam will consist of an oral examination on the remaining part of the program (chapter VI- X and the book of part II) and can be performed in any of the subsequent appeals, until the September session 2019 included.

Criteria of evaluation:

• knowledge of the institutional program;• ability to critically analize legal doctine and case-law; ability to make connections between different parts of the program;• ability to develop a critical thought; • accuracy in the exposition;•ability to use  legal language properly.

Attending Students can also prepare a brief written research in groups of 3 or 4, on topics suggested by the professor and then orally explained in classroom. If the job will be positively evaluated, students will be spared to study the volume of Part II.

NON ATTENDING STUDENTS

The final exam for Non Attending Students will consist of an oral examination on the entire program indicated in the section "Course Contents".

Criteria of evaluation:

• knowledge of the institutional program;• ability to critically analize legal doctine and case-law; ability to make connections between different parts of the program;• ability to develop a critical thought; • accuracy in the exposition;•ability to use legal language properly.

Teaching tools

On the moodle the teacher will publish all the information about the course: lessons, slides, programs of seminars and other relevant events, useful link to the study of constitutional comparative law, information about events organized by the Italian Section of the Instituto iberoamericano de derecho constitucional and by the Centro studi sull'America Latina.

Links to further information

http://blog.giuri.unibo.it/dpc/

Office hours

See the website of Silvia Bagni