30048 - INTRODUCTION TO THE LEGAL SYSTEM - MODULE 2

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.

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.

The course offers an overview of the main constitutional developments across the globe and it covers the following topics:

• General Introduction: Nature and Categories of Legal Systems; Legal and Non-legal Norms: Structure and Relationship; The State: Constitutive Elements and Brief Historical Outline; Values and Principles; People; Citizenship; Territory.
• 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.
• Legal Sources
• 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.

• Discuss the impact of major historical and philosophical events on the development of the constitutional structure of States.
• Identify the main elements characterizing constitutional systems across the globe.
• Explain the approach of different legal systems to individual rights and constitutional justice.

• Explain the aims of combining a diachronic and synchronic approach to the study of constitutional law.
• Apply basic comparative methods to the understanding of constitutional law.
• Develop skills in legal reasoning.

• Face-to-face lectures
• Guest speaker's talks (in class or in distance)
• Case studies /Incidents (traditional, online)

• We often have distinguished constitutional law scholars hosted 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 constitutional law means examining judgments handed down by Constitutional and Supreme Courts and/or debating the current legal controversies.

The final written, closed book exam is based on the attending program and consists of a mix of closed questions.

This assessment method is aimed at verifying students' substantive knowledge of the main elements of the relevant constitutional systems, as well as the approach of different legal system towards individual rights.

The final written, closed book exam is based on the non-attending program and consists of a mix of closed questions.

This assessment method is aimed at verifying students' substantive knowledge of the main elements of the relevant constitutional systems, as well as the approach of different legal system towards individual rights.

Assigned readings, book chapters, class notes and slides.

All the chapters of G.F. Ferrari (ed.), Introduction to Italian Public Law, Giuffrè, Milan, 2022.