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LUISS Guido Carli

Public comparative law

Programma

ProfessorGiovanni Piccirilli
Course codeAJ5
General Discipline (SSD)IUS/21
Course Year5
SemesterII Semestre
Course0
Teaching LanguageEnglish
Credits6
Total Workload146
Total Lesson Hours36
Course ContentsThe course will include the study and evaluation of the role of judicial review, individual freedoms, separation of powers, centralization of decision making, pluralism and the protection of democratic principles.
Reference BooksM. Rosenfeld, A. Sajò (ed. by), Oxford Handbook of Comparative Constitutional Law, Oxford University Press, Oxford, 2012
Further readings will be indicated during the class
Course Formative ObjectivesThe course aims at introducing students to the study of constitutional law through the lens of the comparative approach. The course will provide a foundation for a structural approach to constitution making and constitution interpretation of the main EU Member States and some relevant third countries.
PrerequisitesBasic knowledge of constitutional law
Teaching MethodLectures and discussion of cases studies
Assessment MethodOral exam
Criteria For Deciding On Subject Of Final PaperMinimum mark in the exam 27/30
Extended Program And Reference Reading Material
Week 1Introduction to comparative law: history, methodology and perspectives
Week 2The parliamentary form of government: a) the classical model (UK)
The parliamentary form of government: b) the “rationalised parliamentarism” (Germany, Italy, Spain)
Week 3The presidiential form of government
The semipresidential form of government
Week 4The electoral system
The political parties
Week 5The federal state
The regional state
Week 6The bicameralism and the Upper Chambers
The secession and the minority protection
Week 7The constitutional review of legislation: the decentralised model
The constitutional review of legislation: the centralised model
Week 8The principle of stare decisis. Overruling and distinguishing. Constitutional interpretation and dissenting opinion
The use of comparative law and foreign precedents by the constitutional judges
Week 9The constitutional amendment process and the constitutional transitions
The rule of law and the “Vorbehalt des Gesetzes”
The legislative process and the Rules of Procedure
Week 10The public administration
First-generation of human rights
Second-generation of human rights
Third-generation of human rights
Week 11The ECHR and the American Convention on Human Rights. The margin of appreciation and the consensus standard in the European Court jurisprudence
Week 12The constitutionalization of the European Union: federalizing process, democratic principles and common constitutional traditions to the Member States