74982 - Comparative Judicial Systems

Academic Year 2014/2015

  • Docente: Carlo Antonio Guarnieri Calbo Crotta
  • Credits: 8
  • SSD: SPS/04
  • Language: English
  • Moduli: Carlo Antonio Guarnieri Calbo Crotta (Modulo 1) Andrea Lollini (Modulo 2)
  • Teaching Mode: Traditional lectures (Modulo 1) Traditional lectures (Modulo 2)
  • Campus: Bologna
  • Corso: Second cycle degree programme (LM) in International Relations (cod. 8782)

Learning outcomes

At the end of the course the student will be able to analyze in a comparative way the main elements of the judicial systems, their interactions, to relate them to the role played by courts in the political system and to assess perspectives of change in different political contexts.

Course contents

Today, an increasing number of countries are confronting an unprecedented expansion of judicial power: more and more often decision‑making rights are transferred from the legislative and executives braches to the courts. The process has been labeled the “judicialization of politics”. The course analyzes the traits of the phenomenon and its impact on the political system. Therefore, the role of the judge in the process of adjudication and the whole structure of the judicial system are analyzed. Specific attention is devoted to the recruitment, training and independence of judges and prosecutors and to the institutional relationships between courts and the political environment. Different definitions of the judicial role are analyzed and their political consequences assessed. Finally, the overall role of courts in different political systems is evaluated and future developments discussed. The following subjects will be especially dealt with:

Module I: Understanding judicialization

1.       Introduction. The global expansion of judicial power: general traits

2.       The process of adjudication and the role of the judge in constitutional states

3.       Assessing judicial power: the judiciary

4.       Assessing judicial power: the judicial system and the powers of the judge

5.       Theories of judicial power

Module II: Courts and politics

6.       Common law systems: USA and England.

7.       Western European civil law systems

8.       The rise of “Euro-legalism”

9.       Transitional and consolidating democracies: Eastern Europe

10.    Transitional and consolidating democracies: Latin America

 

The first module is taught by professor Carlo Guarnieri. The second by professor Andrea Lollini.

Readings/Bibliography

‑ Cappelletti M. (1989), The Judicial Process in Comparative Perspective, Oxford, Oxford UP.

‑ Guarnieri C. and Pederzoli P. (2002), The Power of Judges, Oxford, Oxford UP.

‑ Hirschl R. (2008), The Judicialization of Politics, in K.E. Wittington et al. (eds.), The Oxford Handbook of Law and Politics, Oxford UP, pp. 119‑141.

- Kapiszewski D., Kagan R. and G. Silverstein (eds.) (2013), Consequential Courts. Judicial Roles in Global perspectives, Cambridge, Cambridge UP.

‑ Kelemen D. (2012b), Eurolegalism and Democracy, JCMS 2012 Volume 50. Number S1. pp. 55-71.

‑ Vanberg G. (2008), Establishing and Maintaining Judicial Independence, in K.E. Wittington et al. (eds.), The Oxford Handbook of Law and Politics, Oxford UP, pp. 99‑118.

Teaching methods

Students are expected to actively participate to class discussions and to prepare the analysis of a case. They can choose:

·         the analysis, in general terms, of a specific judicial system and its relationships with the political environment;

·         or the analysis of a judicial decision – or a specific set of decisions - by pointing out its content, its impact on politics as well as the reactions of most significant political actors;

·         they are also invited to comment on the significance of the case(s) analyzed for the relationships between courts and politics from a descriptive, explicative or normative point of view.

The analysis will be first presented orally. The written paper (4000-5000 words) must be e-mailed to the teacher before the end of the term.

Assessment methods

Final assessment will be made according to:

-          participation in class discussion (20%)

-          oral presentation (30%)

-          written paper (50%)

Teaching tools

Power Point slides will be provided.

Office hours

See the website of Carlo Antonio Guarnieri Calbo Crotta

See the website of Andrea Lollini