79043 - Comparative Constitutionalism (LM)

Learning outcomes

This course's aims are: to make students familiar with the basic aspects of contemporary constitutionalism in Western democracies, countries in transition to democracy and beyond; to show them that, by revealing how other systems address similar problems, comparative constitutional law gives us a better purchase on our own legal system and legal culture; to push them to evaluate the foundations of individual legal systems: the assumptions, choices and values that have formed them; to provide them with a critical understanding of the strengths and limits of constitutional law in regulating social and political processes.

Course contents

Module I:

Why comparative constitutional law?

Defining and Elaborating the Constitution”, which treats fundamental subjects such as the definition of constitutionalism, written and unwritten constitutions.

The Vertical Division of Governmental Powers, which explores the ways in which limitations on governmental powers have been pursued in different constitutional systems (federalism and regionalism)

Citizenship and Fundamental Rights, which provides a comparative framework for discussion of dignity, privacy, free expression, equality, liberty and freedom of religion, as well as minority rights.

Module II:

The Horizontal Division of Governmental Powers, which explores the ways in which limitations on governmental powers have been pursued in different constitutional systems (presidential v parliamentary democracy)

The Judicial Enforcement of the Constitution, The Horizontal Separation of powers

Constitutionalism and democratization in Africa and in the Arab countries.

Course contents do not vary for Erasmus/Exchange students

Readings/Bibliography

"Comparative Constitutionalism: Cases and Materials," N. Dorsen, M. Rosenfeld, A. Sajo Andras, S. Baer, S. Mancini, 4rd, West Publishing, 2022. 

 

Relevant materials will be available on "Virtuale"

Teaching methods

Students are expected to have read the assigned materials before each class as I will cold call. Class time will be divided between lectures and discussion. Each topic will be introduced by the instructor.

Assessment methods

 

Assessment methods do not vary for Erasmus/Exchange students

Unless otherwise indicated, the exam will be administered in WRITTEN form. On the day of the scheduled exam session, students will be required to respond – in person, using the computers in the university’s IT laboratories – to a series of open-ended questions covering different parts of the course syllabus. The exam will last 75 minutes.

The use of the internet or artificial intelligence tools (e.g., ChatGPT) during the examination is strictly prohibited. Any violation of this rule will result in the invalidation of the exam and a formal report to the University’s Disciplinary Committee.

Students who regularly attend lectures (at least 70% class attendance) will have the opportunity to take the exam – again in written form – during an early session (pre-appello) to be held in December (the exact date will be announced at the beginning of the course). This early exam session will focus on the topics covered during lectures.

The mark awarded in the written exam is final and does not require the completion of an oral examination. Students who fail the exam or choose not to accept the mark obtained must retake the written examination in a subsequent session.

More detailed instructions regarding the exam procedures – both for attending and non-attending students – will be made available on Virtuale in a document titled “Exam Instructions.”

For illustrative purposes only, the following criteria will guide the awarding of marks:

- 18–19: limited preparation on a small number of topics covered in the course; limited analytical ability; generally correct use of language.

- 20–24: preparation on a limited number of topics; independent analytical ability only on purely procedural matters; correct use of language.

- 25–29: broad preparation across a wide range of course topics; ability to make independent and critical analyses; good command of subject-specific terminology.

- 30–30 with honours (lode): comprehensive knowledge of course content; strong critical and analytical skills, including cross-topic connections; excellent command of technical terminology, as well as strong argumentation and self-reflective skills.

Marks will be published on Virtuale within a few days of the exam. Students who do not wish to have their mark registered must send an email to me, copying in Dr Lidia Bonifati (lidia.bonifati2@unibo.it) and Dr Alessandro Martinuzzi (a.martinuzzi@unibo.it [mailto:a.martinuzzi@unibo.it] ).

Students with DSA or with temporary or permanent disabilities should contact the University’s dedicated support office in advance: https://site.unibo.it/studenti-con-disabilita-e-dsa/it . This office will liaise directly with the students concerned to propose any appropriate accommodations, which must be submitted for the lecturer’s approval at least 15 days in advance. The appropriateness of such adaptations will be evaluated in relation to the course’s learning objectives.

 

 

Teaching tools

Materials will be available on the online platform

Office hours

See the website of Susanna Mancini

See the website of Francesco Biagi