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
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 censorship and freedom of expression, through a comparative analysis. To this end, a series of Seminars will also be organized (the seminars could also be held entirely online, according to the evolution of the pandemic emergency and on the basis of the necessities and availability of experts and Professor coming from different parts of Italy), focusing on new and old forms of censorship explored considering different perspectives (online censorship; the role of Internet platforms and social networks; censorship in the cinema; internet shutdown as a new form of censorship and limitation of freedom of expression and access to information; freedom of expression, censorship and hate speech; censorship and its impact on education and religious freedom). Based on these seminars, attending students will be asked to actively participate through a deep analysis, study and discussion on a selected case law as well as on relevant current legal issues.
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), according to the indications of the University related to the health emergency. 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, Seminars will be held dealing with a relevant and current topic: old and new forms of censorship and their impact on freedom of expression. Thanks to the participation of numerous experts and Professors, this topic will be studied from different points of view, considering the different contexts in which censorship – or at least forms of control by public or private entities on specific contents and messages – could take place: from cinema to Internet websites or social networks, from schools and Universities to religious expressions and contents). The abovementioned topics will be studies through a comparative perspective, by analyzing possible legislative solutions adopted at both the national and supranational level, inside the EU context or outside, as well by examining emblematic case-law. Attending students will be then asked to deeply study the selected case-law and to discuss it, by critically highlighting the experts’ positions, relevant literature as well as open challenges and possible legislative interventions.
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.
In the persistence of the health emergency and depending on its evolution, the oral exam may take place or in the presence or in mixed mode (i.e. in the presence, but with the possibility of sustaining it even on line for students who request it), or only online for everyone. Of the chosen modality, information will be promptly given on the esse3 system in advance of the exam.
Other information
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2030 agenda goals for sustainable development
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