96476 - DIRITTO PUBBLICO ANGLO-AMERICANO

Learning outcomes

At the end of the course, the student knows the fundamental principles, the system of sources of law and the structure of the English and US legal systems, both on the substantive and on the jurisdictional side, as well as the evolutionary trajectory of Anglo-American law from a historical point of view. In terms of skills, the student knows: the system of sources of English and US law and the differentiating factors between the two models; the structure of the English and North American judicial system; the historical evolution of the English and US systems, as well as parallels and asymmetries between the two models. In terms of skills, the student is able to find, consult and apply the sources and jurisprudence of English and US law and to understand the peculiarities of the institutes and procedures characterizing the two systems. The student is aware of the differentiating traits of Anglo-American law with respect to the systems operating within the Roman-Germanic legal family and, from an interdisciplinary and comparative point of view, possesses the ability to discern the structure of the Anglo-Saxon legal family with respect to other legal traditions, the analysis of which is also the subject of a training offer proposed in the context of courses activated at the CDS (Law of Asian countries, Law of Islamic countries). In this sense, the activation of teaching represents a factor of fundamental integration of the training offer of the CDS and fills a gap in the same, allowing students to learn the fundamental notions of Anglo-American law, a legal family of absolute importance and diffusion in a global context.

Course contents

The historical evolution of the English and US legal systems.


The system of sources of English law and US law.


The structure of the English and North American judicial system.

Readings/Bibliography

1. L. Mezzetti, Tradizioni giuridiche e fonti del diritto, Giappichelli, 2020, pagg. 197-290;

2. L. Stroppiana, Stati Uniti, II ed., il Mulino, 2021.

Teaching methods

The analysis of the categories of Anglo-American public law is conducted through constant reference to the legislation and jurisprudence of the main Anglo-Saxon legal systems.

Assessment methods

The exam will take place in oral form and will focus on the topics indicated in the "Program and contents" section.
The evaluation of the test will be carried out taking into consideration:
knowledge of institutional profiles;
the ability to analyze the jurisprudential and doctrinal guidelines;
the ability to make connections between the different parts of the program;
the ability to develop critical arguments;
the exposure articulation;
the accuracy of the exposure.
Failure to pass the oral exam involves the repetition of the exam starting from the written test.
Appeal jumps are not foreseen.

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

· knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

· knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

· comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

· extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

Registration for the final exam must be done using the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm).

THESIS
The degree theses are assigned by Prof. Susanna mancini and Prof. Luca Mezzetti after an interview. After assigning the title, the teacher will indicate to the student a tutor, who will follow him during the elaboration of the research work.

Prerequisites
Prerequisites are not foreseen.

The lessons will be held in the first semester, therefore students who obtain the certificate of attendance in the current academic year will be able to take the exam starting from January 2022.

Teaching tools

In order to facilitate the assimilation of the concepts, also by means of the visualization of the logical links, the illustration of the institutes will be constantly accompanied by the use of slides.


Students who for reasons of disability or specific learning disabilities (DSA) need compensatory tools will be able to communicate to the teacher their needs so as to be directed to the contacts and agree on the adoption of the most appropriate measures.

Office hours

See the website of Susanna Mancini

See the website of Luca Mezzetti