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Course 2018-2019 a.y.

30322 - LAW (MODULE I - COMPARATIVE PUBLIC LAW)

BIG
Department of Law

Course taught in English


Go to class group/s: 23

BIG (6 credits - I sem. - OB  |  IUS/21)
Course Director:
JUSTIN ORLANDO FROSINI

Classes: 23 (I sem.)
Instructors:
Class 23: JUSTIN ORLANDO FROSINI


Mission & Content Summary
MISSION

Brexit, the Scottish and Catalan Questions, the secession/annexation of Crimea, the much debated referendum in Turkey in April 2017: these events and many more make one realise that there have been some dramatic constitutional developments and legal reforms in recent years. Employing both the diachronic and synchronic methods of analysis typical of comparative constitutional law, this course addresses topics such as constitutional development and democratisation, constitution-making and constitutional amendment; forms of state and forms of government, federalism, regionalism and devolution, electoral systems and electoral management bodies, the role and functions of constitutional and supreme courts and the protection of fundamental rights and freedoms.

CONTENT SUMMARY
  • Introduction.
  • What are the obstacles to be overcome when studying the legal system of one country in the language of another? 
  • What are the methods of classification used in comparative constitutional law?
  • What are the constitutive elements of the State? How can we classify constitutions?
  • What are constitutional statutes, ordinary statutes, law decrees, legislative decrees and delegated legislation?
  • Constitutional Amendment Processes.
  • Should a constitution be easy or hard to amend?
  • Are frequent amendments to a constitution a sign of strength or weakness in terms of constitutional development? Can constitutional amendments be ... unconstitutional?
  • Constitutional Development and Democratisation.
  • What do we mean by ‘democratic transition and consolidation’ from a legal and political standpoint? What is the difference between a ‘formal’ and ‘substantive’ transition?
  • What do the experiences across the globe tell us about how to draft and frame a constitution?
  • What are the differences from a constitutional standpoint between democratic transitions today and those of Germany, Italy and Japan after WWII and Greece, Portugal and Spain in the 1970s?
  • Forms of State and Forms of Government.
  • What do we mean in the context of comparative constitutional law with the expressions ‘form of state’ and ‘form of government’? Is there a preferred model of government and what are the advantages and drawbacks of ‘institutional transplanting’?
  • What is preferable: a parliamentary, presidential or semi-presidential executive?
  • Electoral systems and Electoral Management Bodies.
  • Should we give more emphasis to stability or to representation?
  • What is preferable: First-Past-The-Post (FPTP), Two-Round Voting Systems (TRV), the Alternative Vote (AV) or systems of Proportional Representation (PR)?
  • Who controls elections?
  • Federalism, Regionalism and Devolution.
  • What are the distinguishing features between federalism, regionalism and devolution? After Brexit what is the future of the United Kingdom?
  • Constitutional and Supreme Courts: composition, role and functions.
  • Who should be the guardian of the Constitution?
  • Is it preferable to adopt a centralised or decentralised system of constitutional review? What role do constitutional courts play in transitions to democracy?
  • Should constitutional courts be allowed to declare political parties unconstitutional?
  • Political, economic and civil rights.
  • Should rights and freedoms be enumerated?
  • How does one balance different rights and freedoms? What do we mean by multi-level protection of rights.

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Know the structures of government also in a comparative perspective, Identify the main elements characterizing constitutional assets 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...
  • Provide advice and suggestions on essential elements of constitutional and political reform.
  • 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)
  • Individual assignments
  • Group assignments
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.
  • Students are required to orally present a case study (as part of a team) and furthermore, students have the option of writing a take-home paper which must be handed in by the end of the semester break (length of up to 3000 words). 
  • All classes are a combination of lectures and discussion.
     

Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •   x x
  • Group assignment (report, exercise, presentation, project work etc.)
  •   x  
  • Peer evaluation
  •   x  
    ATTENDING AND NOT ATTENDING STUDENTS
    • Students are expected to ensure regular class attendance and to actively participate in class discussions and teamwork. 
    • Students are required to orally present a case study (as part of a team) and sit a final in-class exam consisting of 40 multiple choice questions and 1 short essay. 
    • Furthermore, students have the option of writing a take-home paper which must be handed in by the end of the semester break (length of up to 3000 words). 
    • All classes are a combination of lectures and discussion.

    The final mark is determined in the light of the group presentation (20%), the final in-class exam (70%), class attendance and class discussions (10%). Please note that if a student chooses to also write the optional take-home paper then the final grade is calculated as follows: group presentation (20%), take-home exam (20%), final in-class exam (50%), class attendance and class discussions (10%).


    Teaching materials
    ATTENDING AND NOT ATTENDING STUDENTS
    • M. TUSHNET, Advanced Introduction to Comparative Constitutional Law, Edward Elgar, Cheltenham - Northampton, MA, 2014.
    • J.O. FROSINI, Forms of State and Forms of Government, in G.F. FERRARI (editor), Introduction to Italian Public Law, Milano, Giuffré, 2008 (made available by the instructor through the Bboard platform).
    • J.O. FROSINI, Constitutional Justice, in G.F. FERRARI (editor), Introduction to Italian Public Law, Milano, Giuffré, 2008 (made available by the instructor through the Bboard platform).
    • J.O. FROSINI, The Italian Constitutional Court, in G.F. FERRARI (editor), Introduction to Italian Public Law, Milano, Giuffré, 2008 (made available by the instructor through the Bboard platform).
    • J.O. FROSINI, Preamble, in R. GROTE, F. LACHENMANN, R. WOLFRUM (editors), The Max Planck Encyclopedia of Comparative Constitutional Law, MPECCoL, Oxford University Press Online Edition, 2017 (made available by the instructor through the Bboard platform).
    • J.O. FROSINI, Constitutional Court of Italy, in R. GROTE, F. LACHENMANN, R. WOLFRUM (editors), The Max Planck Encyclopedia of Comparative Constitutional Law, MPECCoL, Oxford University Press Online Edition, 2017 (made available by the instructor through the Bboard platform).
    • J.O. FROSINI, S. PENNICINO, Political Parties (ban on), in R. GROTE, F. LACHENMANN, R. WOLFRUM (editors), The Max Planck Encyclopedia of Comparative Constitutional Law, MPECCoL, Oxford University Press Online Edition, 2017 (made available by the instructor through the Bboard platform).
    • Other readings, cases and material that are indicated during the course of the semester, made available by the instructor through the Bboard platform.
    Last change 20/06/2018 11:54