Giurisprudenza | COMPARATIVE PUBLIC LAW

cod. 0160100060

COMPARATIVE PUBLIC LAW

	0160100060
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	CORSO DI LAUREA MAGISTRALE A CICLO UNICO DI 5 ANNI
	LAW
	2015/2016

CURRICULUM COMPARATISTICO ord. 2006

	YEAR OF DIDACTIC SYSTEM 2006
	SECONDO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/21	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

	Objectives
	THE STUDENT WILL ACQUIRE THE AWARENESS OF THE IMPORTANCE OF COMPARATIVE METHOD FOR THE STUDYING OF LAW IN RELATION TO ANY FURTHER IN-DEPTH ANALYSIS OR STRENGTHENING OF OWN EDUCATION. EDUCATIONAL TARGETS ARE SPECIFIED BY A EUROPEAN ORGANIC SYSTEM OF FIVE DESCRIPTORS, CALLED DUBLIN DESCRIPTORS, CHANGING THE FOCUS FROM TEACHING TO STUDENT LEARNING.KNOWLEDGE AND CAPACITY OF COMPREHENSION: GENERAL KNOWLEDGE OF BASIC CHARACTERISTICS AND METHODS OF THE LEGAL COMPARISON; CAPACITY OF COMPREHENSION OF BASIC DEVELOPMENTS OF DIFFERENT FORMS OF STATE AND GOVERNMENT AS WELL AS CONSTITUTIONAL JUSTICE MODELS.CAPACITY OF EMPLOY KNOWLEDGE AND COMPREHENSION: CAPACITY OF ANALYZE WITH AWARENESS DIFFERENT LEGAL INSTITUTES OF DIFFERENT LEGAL ORDERS; ACQUISITION OF COMPARATIVE METHOD AS A PART OF THE CAPACITY TO ANALYZE COMPLEX SITUATIONS IN STUDYING AND WORKING ENVIRONMENTS. AUTONOMY OF JUDGMENT: CAPACITY OF GATHER AND INTERPRET CRITICALLY COMPLEX DATES AND INFORMATION IN THE SPECIFIC FIELD OF STUDYING.ABILITIES OF COMMUNICATION: CAPACITY TO COMMUNICATE INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC DISCIPLINARY FIELD WITH PROPRIETY OF LANGUAGE AND GOOD THOUGHT EXPRESSION TO NON-EXPERT PUBLIC.CAPACITY OF UNDERSTANDING: ACQUISITION OF REFERENCES, FRAMEWORKS AND CAPACITY OF UNDERSTANDING IN ORDER TO IMPROVE LEGAL KNOWLEDGE ALREADY ACQUIRED AND EMPLOY SUCH COMPETENCES TO OTHER TEACHING COURSES TOO.

THE STUDENT WILL ACQUIRE THE AWARENESS OF THE IMPORTANCE OF COMPARATIVE METHOD FOR THE STUDYING OF LAW IN RELATION TO ANY FURTHER IN-DEPTH ANALYSIS OR STRENGTHENING OF OWN EDUCATION. EDUCATIONAL TARGETS ARE SPECIFIED BY A EUROPEAN ORGANIC SYSTEM OF FIVE DESCRIPTORS, CALLED DUBLIN DESCRIPTORS, CHANGING THE FOCUS FROM TEACHING TO STUDENT LEARNING.KNOWLEDGE AND CAPACITY OF COMPREHENSION: GENERAL KNOWLEDGE OF BASIC CHARACTERISTICS AND METHODS OF THE LEGAL COMPARISON; CAPACITY OF COMPREHENSION OF BASIC DEVELOPMENTS OF DIFFERENT FORMS OF STATE AND GOVERNMENT AS WELL AS CONSTITUTIONAL JUSTICE MODELS.CAPACITY OF EMPLOY KNOWLEDGE AND COMPREHENSION: CAPACITY OF ANALYZE WITH AWARENESS DIFFERENT LEGAL INSTITUTES OF DIFFERENT LEGAL ORDERS; ACQUISITION OF COMPARATIVE METHOD AS A PART OF THE CAPACITY TO ANALYZE COMPLEX SITUATIONS IN STUDYING AND WORKING ENVIRONMENTS. AUTONOMY OF JUDGMENT: CAPACITY OF GATHER AND INTERPRET CRITICALLY COMPLEX DATES AND INFORMATION IN THE SPECIFIC FIELD OF STUDYING.ABILITIES OF COMMUNICATION: CAPACITY TO COMMUNICATE INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC DISCIPLINARY FIELD WITH PROPRIETY OF LANGUAGE AND GOOD THOUGHT EXPRESSION TO NON-EXPERT PUBLIC.CAPACITY OF UNDERSTANDING: ACQUISITION OF REFERENCES, FRAMEWORKS AND CAPACITY OF UNDERSTANDING IN ORDER TO IMPROVE LEGAL KNOWLEDGE ALREADY ACQUIRED AND EMPLOY SUCH COMPETENCES TO OTHER TEACHING COURSES TOO.

	Prerequisites
	KNOWLEDGE OF THE ITALIAN CONSTITUTIONAL LAW.

	Contents
	THE COURSE PRIMARILY AIMS AT PROVIDING A BASIC UNDERSTANDING OF THE COMPARATIVE METHOD AS WELL AS THE FORM OF STATE AND GOVERNMENT. THEN CONSTITUTIONAL JUSTICE MODELS WILL BE EXAMINED IN DEPTH, PARTICULARLY IN RELATION TO MAIN EUROPEAN AND THE U.S. LEGAL ORDERS, THEIR MUTUAL INFLUENCE AND THE GROWING “POLITICAL” ROLE THAT SUPREME AND CONSTITUTIONAL COURTS ARE TAKING WITHIN THEIR RESPECTIVE LEGAL CONSTITUTIONAL ORDERS. THEN THE COURSE WILL DEAL WITH THE IMPACT ON FUNDAMENTAL RIGHTS OF MEASURES AS A RESULT OF 9/11 IN THE UNITED STATES AND THE ROLE PLAYED BY THE SUPREME COURT IN THE DIFFICULT BALANCE BETWEEN FUNDAMENTAL RIGHTS AND NATIONAL SECURITY.

Contents

THE COURSE PRIMARILY AIMS AT PROVIDING A BASIC UNDERSTANDING OF THE COMPARATIVE METHOD AS WELL AS THE FORM OF STATE AND GOVERNMENT. THEN CONSTITUTIONAL JUSTICE MODELS WILL BE EXAMINED IN DEPTH, PARTICULARLY IN RELATION TO MAIN EUROPEAN AND THE U.S. LEGAL ORDERS, THEIR MUTUAL INFLUENCE AND THE GROWING “POLITICAL” ROLE THAT SUPREME AND CONSTITUTIONAL COURTS ARE TAKING WITHIN THEIR RESPECTIVE LEGAL CONSTITUTIONAL ORDERS. THEN THE COURSE WILL DEAL WITH THE IMPACT ON FUNDAMENTAL RIGHTS OF MEASURES AS A RESULT OF 9/11 IN THE UNITED STATES AND THE ROLE PLAYED BY THE SUPREME COURT IN THE DIFFICULT BALANCE BETWEEN FUNDAMENTAL RIGHTS AND NATIONAL SECURITY.

	Teaching Methods
	THE COURSE IS COMPOSED BY 72-HOUR LESSONS AND CONSIDERS THE READING AND THE COMMENT OF CONSTITUTIONS AND COURT DECISIONS TOO.

	Verification of learning
	ASSESSMENT CRITERIA OF THE EXAMINATION WILL BE: 1) ABILITY TO ARTICULATE AN ELABORATE SPEECH 2) ABILITY TO SPEAK CLEARLY AND WITH APPROPRIATE LANGUAGE 3) ABILITY TO USE THE COMPARATIVE METHOD 4) ABILITY TO CHOOSE THE DATA, STORING PRECISELY THOSE SIGNIFICANT

	Texts
	1. G. MORBIDELLI, L. PEGORARO, A. RINELLA, M. VOLPI, DIRITTO PUBBLICO COMPARATO, GIAPPICHELLI, TORINO, 2016, CHAPTERS: I. INTRODUZIONE METODOLOGICA. – IV. LE FORME DI STATO. – VI. LA DISTRIBUZIONE TERRITORIALE DEI POTERI: TIPI DI STATO E UNIONE EUROPEA. - VII. LE FORME DI GOVERNO. – IX. GIUSTIZIA COSTITUZIONALE. 2. T. FENUCCI, SICUREZZA E DIRITTI FONDAMENTALI NEGLI STATI UNITI, CACUCCI, BARI, 2011

Texts

1. G. MORBIDELLI, L. PEGORARO, A. RINELLA, M. VOLPI, DIRITTO PUBBLICO COMPARATO, GIAPPICHELLI, TORINO, 2016, CHAPTERS: I. INTRODUZIONE METODOLOGICA. – IV. LE FORME DI STATO. – VI. LA DISTRIBUZIONE TERRITORIALE DEI POTERI: TIPI DI STATO E UNIONE EUROPEA. - VII. LE FORME DI GOVERNO. – IX. GIUSTIZIA COSTITUZIONALE.
2. T. FENUCCI, SICUREZZA E DIRITTI FONDAMENTALI NEGLI STATI UNITI, CACUCCI, BARI, 2011