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

The course is organized with a part of lectures taught online on MS TEAMS (20 hours) and another taught in presence (20 hours). The number of students allowed in class is determined on the basis of class capacity and by the health and safety provisions that deal with the pandemic emergency. In case more students want to attend classes in presence than permitted by the rules, a system of shifts will be organized so to allow students to participate. Regardless of the health-related conditions and the specific organization of the course, students will be able to follow the lessons of the entire course remotely on MS TEAMS.

CONTENTS

Methodology and Origins of Comparative Law

The Method and the Difference with respect to the foreign law

Different Levels of Comparison

Case Selection

Models

Practical and Theoretical Aims of Comparative Law

Legal Families in Europe

Forms of State

Federalism, Regionalism, State of autonomies

Political Systems

Parliamentary Systems, Presidential Systems, Semi-presidential Systems

Electoral Formulas and Electoral Systems 

Constitutional Adjudication and Relationship with Supranational 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)

Further materials, judgments, cases, legal acts will be recommended in class by the lecturer.

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, videos.

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, BOTH IN CLASS AND VIA TEAMS: are allowed to take one or two partial exams during the course; and one final exam on the final part of the syllabus.

NON FULL-TIME STUDENTS: take one final written exam on the entire syllabus, followed by an oral examination.

Teaching tools

Powerpoint, case law, legal texts, scholarly articles, newspapers, videos.

Office hours

See the website of Sabrina Ragone