30048 - INTRODUCTION TO THE LEGAL SYSTEM - MODULE 2
Course taught in English
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 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.
- 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.
- 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.
- Face-to-face lectures
- Guest speaker's talks (in class or in distance)
- Case studies /Incidents (traditional, online)
- 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.
|Continuous assessment||Partial exams||General exam|
What to study
Class notes, slides and G.F. Ferrari (ed.), Introduction to Italian Public Law, Giuffrè, Milan, 2018 (with the exception of chapters 6, 7, 9 and 12).