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Course 2019-2020 a.y.

30048 - INTRODUCTION TO THE LEGAL SYSTEM - MODULE 2

All Programs
Department of Law

Course taught in English

Go to class group/s: 15 - 16 - 17 - 18 - 21 - 22

BIEF (6 credits - I sem. - OBBC  |  IUS/09) - BIEM (6 credits - I sem. - OBBC  |  IUS/05)
Course Director:
JUSTIN ORLANDO FROSINI

Classes: 15 (I sem.) - 16 (I sem.) - 17 (I sem.) - 18 (I sem.) - 21 (I sem.) - 22 (I sem.)
Instructors:
Class 15: ELISA BERTOLINI, Class 16: JUSTIN ORLANDO FROSINI, Class 17: VIKTORIIA LAPA, Class 18: VIKTORIIA LAPA, Class 21: ELISA BERTOLINI, Class 22: ELISA BERTOLINI


Suggested background knowledge

For a fruitful and effective learning experience, it is desirable for students to follow political and legal developments by regularly consulting news media outlets throughout the duration of the course. No previous knowledge is required.


Mission & Content Summary
MISSION

What is the role of citizens within modern States and which are the main constitutional implications of social and historical phenomena on the development of the world as we know it? Comparative constitutional law addresses these issues while taking into account the different notions of legal norms, sovereignty and individuals throughout different normative contexts. This course provides students with a structured introduction to the concepts, tools and methods of comparative constitutional law, while helping students to develop critical thinking by using both a synchronic and a diachronic approach to learning.

CONTENT SUMMARY

The course offers an overview of the main constitutional developments of the western world, and it covers the following topics:

  • General Introduction: sources of law, constitutions, constitutional amendments, constitutional statutes, ordinary statutes, law decrees, legislative decrees and delegated legislation, bye-laws and regulations.
  • Forms of State and Forms of Government: Forms of State and Transitions to Democracy. Forms of Government. Electoral laws. Federalism, Regionalism and Devolution in a comparative context.
  • Constitutional Justice: composition, role and functions of Constitutional and Supreme Courts. The fundamental aspects of American and European models of constitutional review. Classification of Court judgments and analysis of decision-making techniques.
  • The legal system of the European Union: system of legal sources and the relationship between European law and domestic legislation; the institutional structure; the evolution of the case law of the CJEU and domestic courts.
  • Individual rights: Political, economic and civil rights and related safeguards in a comparative context.

Finally, a class-specific special part is indicated to students at the beginning of the course by the class instructor.


Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Identify the main elements characterizing constitutional systems throughout Europe and North America.
  • Explain the approach of different legal systems to individual rights and constitutional justice.
  • Discuss the impact of major historical and philosophical events, such as the French Revolution, on the development of the constitutional structure of States.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Explain the aims of combining a diachronic and synchronic approach to legal knowledge.
  • Apply basic comparative methods to their understanding of public law.
  • Develop skills in legal reasoning.

Teaching methods
  • Face-to-face lectures
  • Guest speaker's talks (in class or in distance)
  • Case studies /Incidents (traditional, online)
DETAILS
  • We often have distinguished public law scholars hosed at Bocconi and therefore we take this opportunity for them to give talks to our class on specific topics.
  • Case studies in the field of public law means examining judgments handed down by Constitutional and Supreme Courts.

Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •     x
  • Oral individual exam
  •     x
    ATTENDING STUDENTS

    The common assessment method for all classes is an end-of-term written exam consisting of:

    1. 20 multiple choice questions which counts for 10 points.
    2. Short essay which counts for 10 points.
    3. Flash questions (i.e. definition in 4-5 sentences of a legal institute) which count for 5 points each.
       

    The end-of-term exam format is the same for attending and non-attending students, but the content is different (see section 6, Teaching Materials). This assessment method is aimed to test the students’ substantive knowledge of the course content and their ability to describe it, summarize it, and contextualize it also by establishing connections between the various macro-themes dealt with. As a general rule, attending students are expected to ensure regular class attendance and to actively participate in class discussions and teamwork. Please note that there is only one written final exam every academic year at the end of the course semester; students have to sit oral exams in all other sessions. Students from previous academic years can only sit the written or oral exam as non- attending students.

    NOT ATTENDING STUDENTS

    The common assessment method for all classes is an end-of-term written exam consisting of

    1. 20 multiple choice questions which counts for 10 points.
    2. Short essay which counts for 10 points.
    3. Flash questions (i.e. definition in 4-5 sentences of a legal institute) which count for 5 points each.
       

    The end-of-term exam format is the same for attending and non-attending students, but the content is different (see section 6, Teaching Materials). Please note that there is only one written final exam every academic year at the end of the course semester; students have to sit oral exams in all other sessions. Students from previous academic years can only sit the written or oral exam as non- attending students.


    Teaching materials
    ATTENDING STUDENTS
    • Selected Chapters of G.F. FERRARI (ed.), Introduction to Italian Public Law, Milan, 2018.
    • Additional articles as indicated in the syllabus, made available through Bboard by the instructors.
    • Readings, cases and materials provided during the course of the semester, made available through Bboard or distributed in class.
    • Slides and class notes.
    NOT ATTENDING STUDENTS
    • G.F. FERRARI, Introduction to Italian Public Law, Milano, 2018. All chapters are obligatory.
    Last change 23/05/2019 12:12