88045 - Comparative Legal Systems

Academic Year 2019/2020

  • Teaching Mode: Traditional lectures
  • Campus: Forli
  • Corso: First cycle degree programme (L) in International relations and diplomatic affairs (cod. 8048)

Learning outcomes

The objective of the course is to provide students with the following basic knowledge of the comparative method in order to achieve both practical and theoretic purposes; the knowledge of the different systems of sources, of the organization of various forms of State and Government and of the diverse Constitutional Courts. According to the objective of the course, the student will in particular learn the regulation of the institutional structures, with special attention to the sources of law, to the evolution of the forms of State and Government and to the protection provided by the different Constitutional Courts. Furthermore the student will be able to apply the above-mentioned knowledge to European, international and institutional studies.

Course contents

1900: The Century of Comparative Law

Comparative Law as a Science and the 5 Trento Theses

Comparative Methodology 

Study of Foreign Law

Different Levels of Comparison (Macro and Micro-Comparison)

Case Selection and Models

The Targets of Comparative Law

Legal Families

Islamic Law, Jewish Law, Common Law, Civil Law

Forms of State and Forms of Government/Political Systems 

Parliamentary System

Presidential System

Semi-presidential System

Electoral Formulas: Majority and Proportional

Territorial Distribution of Powers: Federalism; Devolution; Regionalism and State of Autonomies

The Concept of Constitutional Adjudication

Models of Judicial Adjudication 

Functions, Composition and Structure of Constitutional Courts

Supranational/International Adjudication

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)

M. Bussani, U. Mattei (eds.), The Cambridge Companion to Comparative Law, Cambridge, CUP, 2012 (“The Jewish legal tradition”, pp. 278-294 and “The Islamic legal tradition”, pp. 295-312)

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 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)

R. Hirschl, Comparative Matters: The Renaissance of Comparative Constitutional Law, 2014 (Chapter 5 “How Universal is Comparative Constitutional Law?”, pp.192-223)

S. Ragone, "The Inter-American Court of Human Rights Turned 40: Achievements and Challenges", in Revista General de Derecho Público Comparado, 2019

A. K. Thiruvengadam, The Indian Constitution. A Contextual Analysis, Hart, 2017 (Chapter "Constitutional Change")

M. Tushnet, The Constitution of the United States of America. A Contextual Analysis, 2° edn, Hart, 2015, pp. 41-119.

Basic materials will be available in S. Bagni, M. Nicolini, G. Pavani, F. Rosa (eds.), Materiali essenziali per un corso di Diritto costituzionale comparato, Filodiritto Editore, Bologna, 2016

Additional texts, articles, cases and materials will be provided and/or recommended during the course.

Teaching methods

The course will be based on both lectures concerning comparative matters and more 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.

The syllabus will be addressed entirely during the course. Traditional lectures will be often combined with PPT presentations and the consultation of legal texts. Specific readings and topics will be discussed with the students in the classroom.

Assessment methods

FULL-TIME STUDENTS: 3 partial written exams during the course; 1 final oral exam on the last part of the syllabus.

For full time students who fail or do not take 1 of the 3 partial exams, the final oral exam will concern both the final part of the syllabus and the one of the failed/not taken one.

For full time students who fail or do not take 2 or 3 partial exams, the final exam is the same as the one for non full time students.

 

NON FULL-TIME STUDENTS: 1 final written and 1 oral exam on the entire syllabus.

 

Teaching tools

Slides, case law, legal texts, scholarship.

Office hours

See the website of Sabrina Ragone

SDGs

Quality education Peace, justice and strong institutions

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.