73344 - Public Law Of Developing Countries

Learning outcomes

The course aims to provide a thorough knowledge of the law of emerging countries. At the end of the course, the student is able to: a) identify and critically analyze the problems of the reception of models; b) comment on the new proposals of Western and autochthonous constitutionalism; c) select methods, tools and documentation useful for carrying out a search; d) setting up a search autonomously and correctly using different documentary sources.

Course contents

1. Methodology of the study of legal systems, the use of "other" sciences, circulation of formants, classifications.

2. Legal Families, Forms of State, Sources of Legitimation of Power, sources of law.

3. Constitutionalism and new models of constitutionalism.

4. In particular: Latin American Nuevo-constitucionalismo, the "buen vivir" and the incorporation of indigenous traditions, the multicultural State.

5. Rights and freedoms in Western declination and in other systems.

6. Case studies

Readings/Bibliography

L. Pegoraro, A. Rinella, Costituzioni e fonti del diritto, Giappichelli, Torino, 2018 (pp. 1-191).

In addition, reading of ONE of the following books:

S. Bagni (cur.), Dal Estado del bienestar al Estado del buenvivir. Innovazione e tradizione nel costituzionalismo latino-americano, Filodiritto, Bologna, 2013 (pp. 1-155)

D. Amirante, Lo Stato multiculturale. Contributo alla teoria dello Stato dalla prospettiva dell’Unione indiana, B.U.P., Bologna, 2015 (pp. 1-151)

M. Nicolini, L’altra Law of the Land. La famiglia giuridica “mista” dell’Africa australe, B.U.P., Bologna, 2016 (pp. 1-131: fino a cap. III compreso)

P. Viola, Costituzionalismo autoctono. Pluralismo culturale e trapianti giuridici nel subcontinente indiano, B.U.P., Bologna, 2020 (pp. 1-142)

E. Andreoli, La giustizia costituzionale negli Stati Uniti e in America Latina, B.U.P., Bologna, 2022 (pp. 1-196).

Teaching methods

The course will take place with lectures (first part) and weekly debates held on the basis of student reports.

The reports and the interventions in the debates will be recognized during the exam, according to the methods indicated by the teacher in class.

Assessment methods

The final test will be composed of a written and an oral part. 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. Items will regard only the general part of the syllabus.

Those who pass the written admission test will sit an oral exam.

The oral exam will focus on the textbook (i.e. the general part of the syllabus) and on the book (i.e. the special part of the syllabus) that the student chose.

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 selected book of the special part. Those who pass the written exam will not be asked about the book they selected for the special part during the final oral exam. The result will also be taken into account so as to determine the final grade.

As a consequence, the final ORAL exam will not cover the selected book.

Alternatively (or in addition, based on students'choice) to the special part, students are encouraged to present in class a research carried out by groups of 2-4 on some of the legal-cultural areas studied (eg Islamic law, Arab nationalism, New Latin American constitutionalism, Hindu and Indian law, Chinese law, etc.) or on specific comparative topics (eg.: islamic or indigenous feminism, Rojava non-statal constitution, case-law about rights of Nature, etc.). The teacher will assign points to the presentation that will be added to the final note.

To prepare yourself for the multiple choice test:

The items for the test will be extracted from L. Pegoraro, Diritto pubblico e sistemi costituzionali comparati. Itinerari di apprendimento e di verifica, 2a ed., Giappichelli, Torino, 2020.

Erasmus and Exchange students:

Program and assessment methods for Erasmus and Exchange students are the same as for Italian students, except of alternative readings about the special part of the course. However, on the basis of a specific request, they can be exempted from sitting the written admission test.

Teaching tools

Materials uploaded in Virtuale

Office hours

See the website of Lucio Pegoraro