91140 - Comparative Law In Europe

Learning outcomes

The purpose of this course is to provide students with a comprehensive understanding of comparative law methodology and its application to the European legal space. The course will give students fundamental knowledge on the most important European legal families through specific case studies, providing them, in particular, with the following skills: techniques for reading and understanding of constitutional norms, legislation and case law from different legal systems, as well as critical skills for the comparative examination of European constitutionalism. Furthermore, the European and comparative approach will be particularly beneficial for pursuing their careers in international, multidisciplinary and multicultural environments.

Course contents

Origins of Comparative Law

Comparative Methodology

Study of Foreign Law

Different Levels of Comparison

Case Selection

Models

Practical and Theoretical Aims of Comparative Law

Legal Families in Europe

Forms of State

Federalism (focus on Germany)

Regionalism (focus on Italy)

State of autonomies (focus on Spain)

Political Systems

Parliamentary System

Presidential System

Semi-presidential System

Electoral Formulas: Majority and Proportional

Constitutional Adjudication

Functions, Composition and Structure of European Courts

 

Readings/Bibliography

V. Barsotti, P.G. Carozza, M. Cartabia, A. Simoncini, Italian Constitutional Justice in Global Context, Oxford, OUP, 2016, pp. 3-66.

M. Bogdan, Concise Introduction to Comparative Law, 2013 (Chapter 2 “The uses of comparative law”, pp. 15-26; and Chapter 3, “Some problems connected with the study of foreign law”, pp. 29-41)

V. Ferreres Comella, The Constitution of Spain: a Contextual Analysis, Oxford, Hart, 2013 (Chapter 7 “Regional Decentralization: The Estado de las autonomías”, pp. 161-200)

G. Frankenberg, “Critical Comparisons: Re-thinking Comparative Law”, in Harvard international law journal, Vol. 26, 1985, p. 411-455

H.P. Glenn, Legal Traditions of the World, 2014 (Chapter 5, “A Civil Law Tradition”, pp. 132-176; Chapter 7, “A Common Law Tradition”, pp. 236-283)

W. Heun, The Constitution of Germany. A contextual Analysis, Hart, 2011 (Chapter 4 "The Federal System", pp. 49-84)

P.Leyland, The Constitution of the United Kingdom. A Contextual Analysis, 2nd ed., Hart, 2012 (Chapter 6 "Government and Executive", pp. 157-189)

Teaching methods

The course will combine tradictional lectures on comparative matters and  interactive methods. In addition to the recommended texts, also judgments by different supreme or constitutional courts and legislation or amendments will be used as case studies, as well as academic articles and newspapers, where appropriate.

Students are expected to engage in the discussions in class, dealing with the developments of constitutional and public law. They are supposed to actively participate in the sessions and are encouraged to pursue independent research activity.

Assessment methods

FULL-TIME STUDENTS: one or two partial  exams during the course; one final exam on the last part of the syllabus.

NON FULL-TIME STUDENTS: one final written exam on the entire syllabus.

Teaching tools

Slides, case law, legal texts, scholarship.

Office hours

See the website of Sabrina Ragone