Comparative public law
- A.A. 2015/2016
- CFU 8
- Ore 60
- Classe di laurea LM-52
Given the different educational backgrounds students normally come from, not always including some legal training, no particular prerequisite is required.
This course aims at getting students more acquainted with the current most
significant issues related to constitutional law in comparative
perspective relying both on legal literature and case-law from many courts around the world. In particular, it will be focused on the acknowledgement and protection of fundamental rights, the doctrines behind the idea of human rights and the possible juxtaposition between civil and social rights, the principles of dignity and privacy, and the arguments to which courts refer to underpin their rulings in these matters.
The ultimate goals of the course is to let students familiarize with different approaches and methods judges apply in various constitutional settings to tackle highly controversial and dilemmatic issues, to discuss why they find them legally persuasive or not, and to develop their own critical understanding of the concepts and methods used by courts.
This course aims at getting students more acquainted with the current most
significant issues related to constitutional law in comparative
perspective relying both on legal literature and case-law from many courts around the world (European Court of Human Rights - ECtHR, U.S. and Canadian Supreme Court, UK Supreme Court, German Bundesverfassungsgeright, Indian Supreme Court, South African Constitutional Court, Israeli Supreme Court, just to mention some).
In particular, it will be focused on the acknowledgement and protection of fundamental rights, the doctrines behind the idea of human rights and the possible juxtaposition between civil and social rights, the principles of dignity and privacy and how they inform some problematic rights claims (abortion, «right to die», death penalty) and the arguments to which courts refer to underpin their rulings in these matters.
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Materials will be made available during classes by uploading them on the teacher's website. Students are required to read in advance the materials suggested for any given class.
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Every week, students are required to read the materials uploaded in advance on the teacher's webpage before getting in class.
Classes will involve students in discussions and confrontations about the
topics dealt with in the course. Didactics in this course is very direct, informal, and
interactive. Particular attention is devoted to the current phenomena and events of
constitutional relevance in the world.
- This course applies a method of continuous evaluation: in fact, students are assessed while developing their critical understanding of comparative constitutional law issues and proposing their arguments on cases.
The final exam will consist of two parts: a paper to be delivered to the teacher a few days in advance of the exam session for which the student is signed up in response to a given topic (the entire calendar of deadlines will be available on the teacher's webpage). This paper is aimed at giving students some time to put together their thoughts in a creative and analytical way, instead of concentrating on a written test on the exam day.
The second part of the exam will be an oral discussion of the paper each student delivered: it may involve not any single student individually taken but a group, discussing the most provocative arguments proposed and testing them all together.
English
English