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Course 2023-2024 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: GABRIELE MARINO NOBERASCO, Class 21: ELISA BERTOLINI, Class 22: ELISA BERTOLINI


Synchronous Blended: Lessons in synchronous mode in the classroom (for a maximum of one hour per credit in remote mode)

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 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.

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • 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.
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 the study of constitutional law.
  • Apply basic comparative methods to the understanding of constitutional 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 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.

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

    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.

    NOT ATTENDING STUDENTS

    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.


    Teaching materials
    ATTENDING STUDENTS

    Assigned readings, book chapters, class notes and slides.

    NOT ATTENDING STUDENTS

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

    Last change 11/07/2023 16:37