07230 - Comparative Judicial Systems

Learning outcomes

At the end of the course, the student knows concepts, interpretative models, and analysis methods to understand the role of the judicial institutions in contemporary democracies, their influence on the definition and implementation of collective choices, and the dynamics they trigger in the political system. Through the comparison between the two traditions present in Europe - common law and civil law - the student is able to identify similarities and differences in their respective institutional frameworks and to appreciate the variations within them, analyzing individual national cases and relating their recent evolution to the ongoing developments at the European community level.

Course contents

I Introduction: The political systems and the judicial system - The role of the judge: independence and democratic accountability - The increasing significance of the justice system: the "judicialisation of politics". 

II The judiciary and the political system: The institutional settings: the relevant variables - Cases analysis -The governance of the judiciary.

III The relations between justice and politics: The scope of jurisdiction - The role of supreme courts - Access to justice and public prosecution - The powers of the bench: inquisitorial v. accusatorial sytems - The judicial review of legislation: role and functions of constitutional courts - The enforcement of judicial decisions: political factors and public opinion.

IV The supranational dimension: The Court of justice of the European Union - The Cjue and national courts.

Readings/Bibliography

All the texts listed below constitute the program for the course and will be the subject of evaluation for the exam. The program and texts are the same for all enrolled students, both attending and not attending. It is the teacher's belief that studying these texts, without the aid of attendance, is challenging enough in itself.

Guarnieri C. e Pederzoli P. (2017), Il sistema giudiziario. L'espansione del potere giudiziario nelle democrazie contemporanee, Bologna, Il Mulino.

(*) Donati F. (2021), Dal Csm ai Consigli di giustizia europei. L'incerta diffusione di un modello costituzionale, in "Quaderni costituzionali", XLI, n. 2, pp. 355-373.

(*) Panebianco A. (2004), Il potere, lo Stato, la libertà, Bologna, il Mulino, capitolo IV.

(*) Magalhaes P.C., Guarnieri C., Kaminis Y. (2006), Democratic Consolidation, Judicial Reform, and the Judicialization of Politics in Southern Europe, in R. Gunther, P.N. Diamandouros, D.A. Sotiropoulus (eds), Democracy and the State in the New Southern Europe, Oxford, Oxford U.P., 2006, only pp. 138-175.

(*) Caravale G. (2020), La Corte suprema in un decennio di cambiamenti istituzionali, in "Materiali per una storia della cultura giuridica", n. 1, pp. 27-45.

(*) Hirschl R. (2008), The Judicialization of Politics, in G.A. Caldeira, R.D. Kelemen, K.E. Whittington (eds), The Oxford Handbook of Law and Politics, Oxford, Oxford University Press, pp. 120-141.

(*) Choudry S. (2024), Constitutional courts, in Smits J.M. et al (eds), Elgar Enciclopedia of Comparative Law, pp. 401-409. 

Please note that (*) texts will be available on the website Virtuale

 

Teaching methods

Lectures. When pertinent, institutional websites will be visited.

Assessment methods

Oral exam on the entire program, aimed at evaluating:

- knowledge of the reference texts (score: up to 25)

- the ability to make appropriate connections between the various parts of the program (score: up to 28)

- and above all, the appropriate use of theories and concepts that demonstrate the ability to conduct comparative analyses (up to 30*)

Note: Attendance is not mandatory for the course, but it is strongly recommended.

Students with learning disorders and\or temporary or permanent disabilities: please, contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students ) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives

Teaching tools

Slides.

Office hours

See the website of Patrizia Pederzoli