DIRITTO PUBBLICO COMPARATO
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
Prerequisites
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 is oral and consists of an interview with the teacher to determine the participant's ability to use the methodological tools for legal comparison in Public Law. To this end, not only will knowledge of the constitutional systems of Europe be evaluated, but also the use of accurate and appropriate legal terminology and the capacity for critical analysis and independent judgement surrounding the issues studied.
Students will be expected to demonstrate that their knowledge is not limited to textual data, but that they are also aware of the reality and functioning of the constitutional norms in foreign legal systems, as well as being able to place them both historically and within the EU context.
The oral test has a duration of approximately 30 minutes.
Assessment of those students who have attended the lectures may consist, on a voluntary basis, of a written final test. The test requires not only knowledge of the topics covered in class and the materials available on the e-learning platform, but also acquisition and detailed understanding of the contents of the texts, which are to be studied in their entirety.
Objectives of the course and expected learning outcomes
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, 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, 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.
F.Furlan S. Gianello,M.Iacometti,C.Martinelli,G.E.Vigevani,M.P.Viviani Schlein, Costituzioni comparate, Giappichelli, 2017 (except Switzerland).
Course materials (laws, court decisions, etc) will be delivered via eLearning.
The course takes place in the second semester and includes 55 hours of lectures and some hours of assisted tutoring via the e-learning platform. Teaching is delivered by the teacher responsible for the course. Foreign professors will also give some lectures (Prof. Zbigniew Witkowski, Torun University (Poland), and Professor Rainer Arnold, Regensburg University (Germany)
Appointment times
See the Calendar on the University website (Department of Law, Economics and Cultures, DEC). The teacher responsible for the course may also be contacted via email at Gabriella.Mangione@uninsubria.it