Learning objectives
The course aims to provide methodological tools and theoretical foundations of comparative law through, first of all, the understanding and analysis of topics such as the notion, the manner and purpose of public/constitutional comparative law. Particular attention will be dedicated to the study of some specific aspects that characterize the evolution of the forms of state and the forms of government in the comparative analysis. Part of the course will be reserved for the examination of the different models and protection techniques of fundamental rights in comparative law, also through the study of the jurisprudence, also in an European constitutional perspective (European Courts of Justice and European Courts of human rights).
With reference to the knowledge and understanding, the course aims to provide students with deep knowledge about the relation between theory and research in the juridical comparative law and with the ability to develop new topic in the comparative law field through the study of the jurisprudence and legal models.
In relation to the applying knowledge and understanding, the course will enable students to understand the different legal phenomena and to analyze specific cases, in order to verify the possible application of the learned theoretical assumptions in relation to new questions and challenges (such as the protection of fundamental rights).
With regard to making judgements, the course aims to develop in students the ability to integrate the gained knowledge through the comparative legal analysis, in order to assess individually the applications and the legal implications of cases or judgments.
The goal of the course is to develop the ability to communicate appropriately and comprehensively, using a correct language (technical legal terms), paying special attention to the development of interpretative processes structured on the basis of theoretical principles of public / constitutional comparative law.
Finally, with regard to learning skills, the course will be organized in order to allow students to acquire the theoretical and methodological tools of comparative law in order to be able to analyze on their own the case studies and to do research.
Prerequisites
In order to be admitted to the Comparative public law exam, it’s necessary to have already passed the examinations of Principles of Private Law, Principles of Roman Law, Constitutional Law.
Course unit content
General part. The use of comparison in the public law/constitutional law between science and method. The families of the legal systems. Forms of state: notions and classifications. Forms of government and their peculiar characters. Comparative constitutional justice among centralized or decentralized model of judicial review. Access to the Constitutional Courts: direct appeal, direct appeal of the citizens; the recurso de amparo and the protection of the rights. The “rights-outside” the national Constitutions: European integration through the rights. The new contents and the new techniques of protection of fundamental rights between the evolution of the constitutional languages and the orientations of the judges and the Constitutional Courts. The role of judges (especially constitutional ones) in the configuration of rights and in the development and management of new protection techniques of rights.
The special part of the course will be dedicated to the delicate and complex topic of fundamental rights protection (data protection, privacy and many others) in front of the pervasive affirmation of Artificial Intelligence (AI) technologies and instruments. To this end, attending students will be asked to participate to specific seminars dedicated to this topic as well as to actively contribute through a deep analysis, study and discussion on a selected case law as well as on relevant current legal issues with reference to – for example – the legislative and judicial challenges related to facial recognition technologies and generative AI (such as Chat GPT), also considering Courts and national data protection authorities decisions (in the EU context).
Full programme
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Bibliography
General part:
T. E. FROSINI, Diritto Pubblico Comparato. Le democrazie stabilizzate, Il Mulino, 2022 (full text).
Special part:
L. SCAFFARDI (ed), I "profili del diritto". Regole, rischi e opportunità nell'era digitale, Giappichelli, 2018 (full text).
For the final exam it is required a deep knowledge of major European Countries’ Constitutions. In this regard, we recommend: G. CERRINA, E. FROSINI, A. TORRE, Codice delle Costituzioni, Cedam, 2015.
Teaching methods
The course is divided into lectures (48 hours). Moments of interactive participation of students will be integrated into frontal lessons, through the analysis and discussion of relevant case studies. In particular, during the course, attending students (who attended at least 70% of the lessons) will be asked to deeply study topics related to the legal challenges posed by the affirmation and employment – in various sectors – of new technologies and Artificial Intelligence instruments. Specific topics such as the use of facial recognition technologies and generative AI instruments will be examined by attending students, asked to discuss the selected case-law as well as to critically study the relevant literature. These research activities will be at the basis of an in-depth class debate, during which students are asked to explain and discuss the critical aspects of case-law, independent authorities’ decisions as well as of legislative initiatives and the doctrine.
Specific materials and videos will be provided, on the basis of a specific request, to students coming from Public Administrations. Specific didactic materials will be provided on the Course webpage on the Elly platform.
Assessment methods and criteria
Final assessment (vote on thirty) is conducted through oral exam. The knowledge and understanding will be assessed through three questions in order to test the knowledge of the theoretical concepts of comparative law.
The applying knowledge and understanding applied will be assessed by inviting students to discuss and analyze case studies and judgments.
The making judgements will be assessed by inviting the student to formulate personal considerations on specific case studies or judgments.
The communication skills will be assessed by evaluating the use of the technical and legal language and the ability to provide appropriate definitions.
The learning skills will be assessed by evaluating the acquired knowledge and the ability to make judgments. Attending students – those who participated to the organized Seminars and actively partecipated to the research and discussion activities – are asked to study the selected topics analyzed during the lessons as well as the case-law and specific materials discussed during the course.
Other information
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2030 agenda goals for sustainable development
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