COMPARATIVE PUBLIC LAW
A thorough understanding of the basic elements of Italian Constitutional Law is also required; this is essential for accurate observation and understanding of the workings of foreign legal systems.
The exam consists of an oral test. Attendance at the lessons is highly recommended.
A shorter exam program for attending students is permitted, which will be agreed upon with the Professor.
The course is designed to provide the key to understanding contemporary Constitutional Law in terms of both its historical development and current trends, referring to the most significant aspects of foreign law in the light of the constitutionalisation process of the European Union.
By the end of the course, students will be required to demonstrate that they are able to identify the system of principles and values which, historically, has permeated the different legal systems and profoundly influenced the history of modern western states, giving systematic unity to those same systems as historical phenomena in continual evolution.
Students will also be required to demonstrate a critical understanding of current Constitutional and Public Law, with reference to the plurality of National Law and an ability to compare them for similarities and parallels, or diversity and divergence.
The course aims to provide an in-depth analysis of the major European constitutional systems. Following a methodological introduction explaining the purpose of Comparative Law and the relationship between EU Law and Comparative Public Law, the first part of the course covers comparative analysis of the principle of separation of powers in the historical evolution of the state from liberal "classic" to the welfare state . The second part of the course analyses wider areas of Constitutional Law in a number of foreign legal systems, comparing the different principles on which they are based.
In particular, by comparing the formal discipline and the effective functioning of the constitutional systems, we discuss the legal systems of Germany, United States, France, Spain, and United Kingdom, and examine the dynamics of legal norms and laws that produce and modify modern Constitutional Law in the light of EU Law, a process which leads to increasingly greater integration of the legal systems of the Member States.
First Part
Comparative method: Comparing legal systems and legal cultures.
Relationship between European Law and National Constitutional Law.
National constitutional traditions in Europe. The historic experience of Europe and european values.
The usefulness of comparative law for European Union law.
The increased importance of a basic understanding of public and comparative law principles to legal education.
The principle of the separation of powers. The rule of law.
The relationship between the forms of government and the doctrine of the separation of powers.
Social and economic values and separation of powers.
Separation of powers and welfare state.
Federalism and the Rule of Law .
Federalism and welfare state.
The conflict between the laws of member states and European Union law (case law).
Second part
The following issues are discussed with reference to the forms of government of Germany, United States, France, Spain and the United Kingdom.
The birth of the Constitution.
Constitutional and legislative review.
The formation of the government. the branches of government.
Their distinct and essential role in the function of the government.
The relationship between the judiciary, the executive and the legislature bodies.
The mechanisms for monitoring the relationship of trust that exists between Government and Parliament.
The vote of confidence. The constructive vote of no confidence (in Germany).
Constitutional Justice.
Giovanni Bognetti, La divisione dei poteri, Giuffrè, Milano, 2002;
Giovanni Bognetti, Federalismo, Utet Giuridica, 2009.
A.Bardusco,F.Furlan,M.Iacometti,C.Martinelli,G.E.Vigevani,M.P.Viviani Schlein, Costituzioni comparate, Giappichelli, 2015 (except Switzerland).
Course materials (laws, court decisions, etc) will be delivered via eLearning.
The course will be held in the second semester.
The course consists of 70 hours of frontal lessons.
The contents will be displayed with the support of slides that will be projected in the classroom and with the support of an e-learning platform.
Some foreign professors are expected to visit and co-teach some segments of the class.