The course aims at providing an introduction to the comparative public law, by providing the fundamental notions, both for theoretical and practical purposes, with specific reference to the sources of law, the forms of State and of Government, the territorial devolution and the constitutional judicial review.
teacher profile teaching materials
PROGRAM OF THE COURSE A.A. 2019-2020
The course aims to illustrate the history, methods and problems of the comparative constitutionalism and to introduce the main constitutional systems and traditions of the world. Special attention will be put on currently debated constitutional issues, from the perspective of the solutions implemented within different legal systems; at the same time, in a historical perspective, the course will highlight the intersections between law, culture and society in the development of those solutions. Finally, it will reflect on the prospects opened up by the processes of the harmonization of constitutional traditions.
This course includes a general part where the fundamental concepts and areas of Comparative constitutional law are introduced. It will then focus on selected topics consistent with the degree programme. For this, experts will be invited to hold lectures. Finally, the course foresses in-class discussion and other classroom activities that will allow analyzing concretely the problems discussed through the greatest involvement of students.
The discipline "comparative constitutional law": history, contents and method
Constitution, sources and forms of law production
Constitutional law and constitutionalism
The democratic principle and the principle of separation of powers
Forms of state
Systems of government
Relations centre-periphery
Judiciaries
Constitutional justice
Rights and freedom
Beyond western constitutional law
Readings A.A. 2019-2020
For students attending at least 80% of the lectures
1) One of the following books
- P. Carrozza, A: Di Giovine, G. F. Ferrari, Diritto costituzionale comparato, Roma-Bari, Laterza, 2019
- T. E. Frosini, Diritto pubblico comparato, Le democrazie stabilizzate, Bologna, Il Mulino, 2019
- G. Morbidelli - L. Pegoraro - A. Rinella - M. Volpi, Diritto pubblico comparato, Torino, Giappichelli, 2016
For students attending less than 80% of the lectures
1) One of the following books
- P. Carrozza, A: Di Giovine, G. F. Ferrari, Diritto costituzionale comparato, Roma-Bari, Laterza, 2019
- T. E. Frosini, Diritto pubblico comparato, Le democrazie stabilizzate, Bologna, Il Mulino, 2019
- G. Morbidelli - L. Pegoraro - A. Rinella - M. Volpi, Diritto pubblico comparato, Torino, Giappichelli, 2016
2) Readings to be agreed with the teacher on topics discussed during the course
For the selection of book chapters and the readings, please contact the teacher at the following address: simone.benvenuti@uniroma3.it
Programme
COMPARATIVE CONSTITUTIONAL LAW (56 HOURS - 7CFU)PROGRAM OF THE COURSE A.A. 2019-2020
The course aims to illustrate the history, methods and problems of the comparative constitutionalism and to introduce the main constitutional systems and traditions of the world. Special attention will be put on currently debated constitutional issues, from the perspective of the solutions implemented within different legal systems; at the same time, in a historical perspective, the course will highlight the intersections between law, culture and society in the development of those solutions. Finally, it will reflect on the prospects opened up by the processes of the harmonization of constitutional traditions.
This course includes a general part where the fundamental concepts and areas of Comparative constitutional law are introduced. It will then focus on selected topics consistent with the degree programme. For this, experts will be invited to hold lectures. Finally, the course foresses in-class discussion and other classroom activities that will allow analyzing concretely the problems discussed through the greatest involvement of students.
The discipline "comparative constitutional law": history, contents and method
Constitution, sources and forms of law production
Constitutional law and constitutionalism
The democratic principle and the principle of separation of powers
Forms of state
Systems of government
Relations centre-periphery
Judiciaries
Constitutional justice
Rights and freedom
Beyond western constitutional law
Core Documentation
COMPARATIVE CONSTITUTIONAL LAW (56 HOURS - 7CFU)Readings A.A. 2019-2020
For students attending at least 80% of the lectures
1) One of the following books
- P. Carrozza, A: Di Giovine, G. F. Ferrari, Diritto costituzionale comparato, Roma-Bari, Laterza, 2019
- T. E. Frosini, Diritto pubblico comparato, Le democrazie stabilizzate, Bologna, Il Mulino, 2019
- G. Morbidelli - L. Pegoraro - A. Rinella - M. Volpi, Diritto pubblico comparato, Torino, Giappichelli, 2016
For students attending less than 80% of the lectures
1) One of the following books
- P. Carrozza, A: Di Giovine, G. F. Ferrari, Diritto costituzionale comparato, Roma-Bari, Laterza, 2019
- T. E. Frosini, Diritto pubblico comparato, Le democrazie stabilizzate, Bologna, Il Mulino, 2019
- G. Morbidelli - L. Pegoraro - A. Rinella - M. Volpi, Diritto pubblico comparato, Torino, Giappichelli, 2016
2) Readings to be agreed with the teacher on topics discussed during the course
For the selection of book chapters and the readings, please contact the teacher at the following address: simone.benvenuti@uniroma3.it
Type of delivery of the course
The course will be organized through lectures structured in a way as to stimulate students' interventions and classroom discussion. In particular, this teaching methodology applies to the general part and the second part devoted to the presentation of case studies and specific problems. To this end, the teacher will make use of IT tools (PowerPoint presentation) and video materials. The third part of the course adopts a dialogical and interactive learning methodology that allows students - alone or gathered in small groups - to work and analyze in class materials submitted by the teacher (case-law, journal articles, constitutional documents etc.). Finally, it will be possible for students to agree with the teacher a topic to be analyzed in a short text to be discussed in class. Attendance to the course is non-compulsory. However, students who attend the lectures (at least 80%) will have the opportunity to discuss in class a topic agreed with the teacher, which will be taken into consideration for the final assessment. Moreover, these students are exempted from some readings for the final exam, regarding topics that are analyzed during the course.Type of evaluation
Assessment of students' learning consists of an oral exam based on the reference readings and bibliography. However, assessment is carried out differenttly depending on whether the student attends or does not attend lessons (the status of student who attend the course is obtained if he or she is not not absent for more than 20% of the lessons). For students who attend the course, assessment based on the oral exam is supplemented by assessment on participation in the course. On his request, during the course the student can agree with the teacher to draft a paper to be presented in the classroom, which will also integrate the final assessment. Furthermore, the student attending the course will be exempted from some readings normally required for preparing the oral exam, since they relate to topics that have been analyzed in classroom.