Insegnamento a.a. 2024-2025

30669 - COMPARATIVE PUBLIC LAW AND REGULATION

Department of Law

Course taught in English

Class timetable
Exam timetable
Go to class group/s: 45
BIG (6 credits - I sem. - OB  |  IUS/21)
Course Director:
ARIANNA VEDASCHI

Classes: 45 (I sem.)
Instructors:
Class 45: EDMONDO MOSTACCI


Mission & Content Summary

MISSION

The course aims at providing students with a complete understanding of how some crucial fields, as the economic and the technology sector, are legally regulated and managed, and which policies lay at their background. The course takes a comparative approach, both from the vertical angle (i.e., how international and supranational institutions interact with domestic authorities) and from a horizontal perspective (i.e., comparing different domestic legal system, selected according to the criteria of the comparative methodology). The course is organized into four modules: - The first module deals with the main topics of public law and public comparative law. In particular, it focuses on the concept of law; the role of the legislator, the judge and legal scholarship; and the fundamental institutions of liberal democracy (political representation, separation of powers, rule of law, etc.). - The second module analyses unelected bodies as essential actors of public regulation of the economy. The theories on the basis of which these bodies are legitimized as well as the issues that specifically characterize their constitutional framework. - The third module addresses the regulation of technology, both in general and in its most advanced forms (artificial intelligence). - The fourth module focuses on a specific field of the regulation of technology, i.e., the use of advanced technology tool – especially artificial intelligence – in the fight against public security threats.

CONTENT SUMMARY

•    The concept of law and the Constitution;
•    The rule of law in British and supranational law, separation of power, frame of government;
•    Political representation and constitutional bodies;
•    Unelected bodies;
•    Political vs. technical legitimation;
•    Independent administrative authorities;
•    The legal and policy framework of technology: the international, supranational and domestic levels;
•    Technology and the public-private partnership;
•    Technology and human rights: landmark cases from supranational and domestic courts;
•    Focus on artificial intelligence and its regulation: a comparison between the European Union and the United States;
•    Public security: main threats of the 21st century;
•    The fight against terrorism: multilevel regulatory efforts;
•    The use of technology in the fight against terrorism. 


Intended Learning Outcomes (ILO)

KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...

•    Understand the functioning mechanisms of legal systems;
•    Analysing the essential features of liberal democracies;
•    Identify the type of legitimisation of political authorities;
•    Explain the main legal and policy tools regulating technology; 
•    Describe the ongoing legal developments in the specific fields of artificial intelligence; 
•    Identify and understand the landmark cases on supranational and domestic courts in the field of technology; 
•    Explain the main threats to public security in the 21st century and the legal issues that they raise; 
•    Understand how technology, and in particular artificial intelligence, can be applied in the field of public security. 

APPLYING KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...

•    Compare the different mechanisms of functioning of legal systems;
•    Critically evaluate the functioning of legal systems in the light of the liberal democratic model;
•    Understand the consequences, in terms of functionality of a public authority, of its legitimation;
•    Critically analyze ongoing normative developments in the regulation of technology and, in particular, of artificial intelligence;

•    Compare different regulatory models; 
•    Analyze the use of technology during emergencies.
 


Teaching methods

  • Lectures
  • Guest speaker's talks (in class or in distance)
  • Collaborative Works / Assignments
  • Interaction/Gamification

DETAILS

Each of the four modules of the course takes 6 classes (12 academic hours). 
Modules are organized as follows. The first three classes are traditional face-to-face lectures, supported by the use of slides and aimed at providing students with the essential notions in terms of relevant policy, legislation and case-law. Although being organized according to a traditional pattern, in these classes students are strongly encouraged to interact and actively participate. 
The fourth and the fifth class of each module are dedicated to students’ group presentations. For these sessions, students are divided into small groups and are assigned a topic (related to those explained in the previous classes) on which they are requested to carry out research and prepare a presentation, to be illustrated and discussed in class with instructors and peers. 
The sixth class of each module consists of a recap of main issues related to each topic, in which students and instructors interact and discuss.


Assessment methods

  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
    x
  • Collaborative Works / Assignment (report, exercise, presentation, project work etc.)
x    
  • Active class participation (virtual, attendance)
x    

ATTENDING STUDENTS

For attending students, the final mark of the exam is made up of the combination of the mark assigned to group presentation and the mark given to the written exam. 
The written test is composed of two parts: the first consists of 10 multiple-choice questions and the second of two open questions to be answered in a limited space. The multiple-choice test is characterized by a more notional nature, while the two open questions aim to test the student's ability to handle the course content and to critically review it.
More details about the weight of each exam component will be available on the Syllabus of the course (to be published in Blackboard). 
The group presentation, based on research carried out by students grounded on the notions learnt in class, allows the instructors to assess learners’ ability to conduct research, organize content, speak in public and interact with questions and comments. 
The written exam permits to verify students’ knowledge of the program, their ability to analyze cases and come up with practical solutions, so applying theory to hypothetical concrete situations. 
 


NOT ATTENDING STUDENTS

For non-attending students, the whole mark of the exam is based on a written exam with a multiple choice test and an open question test. 
The written exam permits to verify students’ knowledge of the program, their ability to analyze cases and come up with practical solutions, so applying theory to hypothetical concrete situations.


Teaching materials


ATTENDING STUDENTS

Papers, articles and other materials useful for study purposes will be uploaded by the instructors on the Bboard platform (different selection for attending and non-attending students, see Syllabus of the course for more details). The slides of the course will be available on the same platform.


NOT ATTENDING STUDENTS

Papers, articles and other materials useful for study purposes will be uploaded by the instructors on the Bboard platform (different selection for attending and non-attending students, see Syllabus of the course for more details). The slides of the course will be available on the same platform.

Last change 29/05/2024 11:22