COMPARATIVE PUBLIC LAW

Giuseppe DI GENIO COMPARATIVE PUBLIC LAW

0160100060
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2021/2022

YEAR OF DIDACTIC SYSTEM 2012
PRIMO SEMESTRE
CFUHOURSACTIVITY
872LESSONS
ExamDate
DIRITTO PUBBLICO COMPARATO13/06/2022 - 17:00
DIRITTO PUBBLICO COMPARATO15/07/2022 - 17:00
DIRITTO PUBBLICO COMPARATO16/09/2022 - 17:00
Objectives
LEARNING PUBLIC COMPARATIVE LAW IS FUNDAMENTAL FOR HAVING KNOWLEDGE OF THE FUNDAMENTAL PILLARS OF THE LEGAL CULTURAL ORDER AND AS AN ESSENTIAL BACKGROUND FOR THE STUDY AND FOR THE IN-DEPTH ANALYSIS OF ALL THE OTHER AREAS OF THE LAW. THE STUDY OF COMPARATIVE LAW IS AIMED TO LET THE STUDENT AWARE OF THE RELEVANCE OF THE PRINCIPLES RELATED TO THE CULTURAL ORGANIZATION, THE POWERS AND THE PURPOSES OF THE CULTURAL STATE, THROUGHOUT THE COMPREHENSION OF THE COMPARATIVE CONSTITUTION.
LEARNING OUTCOMES:
1)KNOWLEDGE AND UNDERSTANDING: ANALYSIS OF THE LEGAL CONCEPTS CONCERNING THE ESSENTIAL TOPICS OF THE CONSTITUTIONAL LAW, THE FUNDAMENTAL PRINCIPLES, THE SOURCES OF LAW, THE FUNDAMENTAL RIGHTS, THE CONSTITUTIONAL BRANCHES OF CULTURAL GOVERNMENT, THE CIRCUIT OF INSTITUTIONAL GUARANTEES, THE REGIONAL FORM OF STATE, THE RELATIONSHIPS BETWEEN THE COMPARATIVE LAW, THE EUROPEAN LAW AND THE INTERNATIONAL LAW, THE RELATIONSHIPS BETWEEN THE FORM OF STATE, PLURALISM AND CULTURE.
2)APPLYING KNOWLEDGE AND UNDERSTANDING: THE KNOWLEDGE ACQUIRED BY THE STUDENT MUST DEVELOP ITS CAPACITIES TO MAKE CRITICALLY ARGUMENTS, AND THEREFORE TO BECAME A LEGAL SCHOLAR E/O EXPERT CAPABLE TO READ AND TO INTERPRET THE CULTURAL CONSTITUTION AND THE COMPARATIVE LAWS IN THE FRAMEWORK OF THE POLITICAL-LEGISLATIVE ACTIVITY.
Prerequisites
KNOWLEDGE OF COMPARATIVE LANGUAGE ; ESSENTIAL SCHOOL KNOWLEDGE OF HISTORY AND IN PARTICULAR HISTORY OF CONSTITUTIONS AND COMMONS.
Contents
THE COURSE IS COMPOSED OF TWO PARTS. THE FIRST PART (30 H) IS SUBDIVIDED INTO FOUR MACRO-AREAS AS FOLLOWS: 1 - CONSTITUTIONAL ORGANIZATION OF THE CULTURAL STATE 2 – SOURCES OF LAW – 3 FUNDAMENTAL PRINCIPLES, COMMONS, FREEDOMS AND RIGHTS 4 – CONSTITUTIONAL JUSTICE. THOSE AREAS ARE STRUCTURED INTO THE FOLLOWING MACRO-TOPICS (30 H): 1.A – THE STATE 1.B – FORMS OF STATE AND FORMS OF GOVERNMENT 1.C – THE COMPARATIVE STATE AND ITS CONSTITUTIONAL ORGANIZATION 2.A – INTRODUCTION TO THE SOURCES OF LAW 2.B – THE CONSTITUTION AND THE OTHER SOURCES OF LAW OF NATIONAL AND SUBNATIONAL LEVEL 2.C – THE SOURCES OF EUROPEAN LAW – 3.A – FUNDAMENTAL PRINCIPLES, FREEDOMS AND RIGHTS 3.B – CONSTITUTIONAL PRINCIPLES AND VALUES – 3.C. LIBERTIES AND CONSTITUTIONAL GUARANTEES. 3.D – THE INDIVIDUAL RIGHTS AND THE RIGHTS OF THE PUBLIC SPHERE – 3.E THE ECONOMIC AND SOCIAL RIGHTS 4.A – OVERVIEW OF THE CONSTITUTIONAL REVIEW OF LEGISLATION 4.B – THE CONSTITUTIONAL COURT 4.C – THE CONSTITUTIONAL REVIEW OF CULTURAL LEGISLATION BY THE CONSTITUTIONAL COURT
THE SECOND PART IS ABOUT CONSTITUTIONAL REFORMS, PLURALISM, CULTURE AND COMPARATIVE LAW, NEWS ABOUT COMMONS AND CIVIC USES (12 H)
Teaching Methods
THE COURSE PROVIDES 72 TEACHING HOURS OF LESSONS, ALSO INTERACTIVE, WITH COMPUTER’S SUPPORT. THERE WILL ALSO BE SOME TUTORIALS AND EXERCISES. WITHIN THE COURSE, THERE WILL BE ORGANIZED SEMINARS AND OTHER IN-DEPTH DISCUSSIONS ABOUT SPECIFIC TOPICS, ALSO WITH THE PARTICIPATION OF EXTERNAL SPEAKERS.
THE ATTENDANCE TO THE COURSE IS RECOMMENDED. ANYWAY, THE STUDENTS UNABLE TO ATTEND MAY FOLLOW THE TUTORIALS.
THE TEACHING LANGUAGE IS ITALIAN.
Verification of learning
THE FINAL ORAL EXAM WILL BE EVALUATED HAVING REGARD TO THE KNOWLEDGE OF THE ENTIRE DISCIPLINE AND OF THE COMPARATIVE CONSTITUTION. IT WILL ALSO BE EVALUATED THE COMMUNICATIVE CAPABILITY (CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS). THE VERIFICATION PARTICULARLY CONCERNS:
1)MAKING JUDGEMENTS: FIRST OF ALL, THE STUDY OF CONSTITUTIONAL LAW IS AIMED TO PROVIDE THE STUDENTS WITH KNOWLEDGES AND CAPABILITIES TO INTERPRET THE COMPARATIVE AND CULTURAL CONSTITUTION, CONSIDERING ALSO THE EUROPEAN LAW; SECONDLY, IT IS AIMED TO PROVIDE THE STUDENTS WITH A METHOD USEFUL TO READ AND ANALYZE THE LAWS AND THE PRECEDENTS OF THE ITALIAN CONSTITUTIONAL COURT, AS THE AS THE CASE-LAW OF THE EU COURT OF JUSTICE.
2)COMMUNICATION SKILLS: CAPABILITY TO PRESENT THE SUBJECT WITH CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS.
3)LEARNING SKILLS: ACQUISITION OF THE CAPABILITY TO IDENTIFY, EXAMINE AND INTERPRET THE FUNDAMENTAL TOPICS, THE LAWS AND THE PRECEDENTS OF THE CONSTITUTIONAL COURT, AND TO APPLY THIS KNOWLEDGE ALSO TO THE OTHER LEGAL COURSES.
STANDARDS OF JUDGEMENT ARE:
-ABILITY TO GATHER AND CRITICALLY INTERPRET COMPLEX INFORMATION IN THE SPECIFIC FIELD OF THE COMPARATIVE CONSTITUTIONAL REALITY, WITH THEIR INFLUENCE EUROPEAN AND INTERNATIONAL;
-ABILITY TO COMMUNICATE TO A NON-SPECIALIST PUBLIC INFORMATION, IDEAS, PROBLEMS, INTERPRETATIONS AND SOLUTIONS IN THE SPECIFIC SUBJECT AREA WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT;
-ACQUISITION OF REFERENCES AND TOOLS; NECESSARY LEARNING SKILLS TO FURTHER ENRICH THE PROTECTION OF THE RIGHTS AND CONSTITUTIONAL RULES AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF THE COURSE OF STUDY.
THE STUDENTS MAY PRESENT SHORT PAPERS ON SPECIFIC IN-DEPTH TOPICS, PREVIOUSLY IDENTIFIED WITH THE PROFESSOR. THE RESULTS OF THESE PAPERS WILL BE TAKEN INTO CONSIDERATION FOR THE FINAL MARK.
Texts
GENERAL PART RECOMMENDED:

1) T. E. FROSINI, DIRITTO PUBBLICO COMPARATO, IL MULINO, 2019 (SOLO IL 1° CAPITOLO SUL METODO);

SPECIAL PARTE RECOMMENDED:

GIUSEPPE DI GENIO, USI CIVICI E DOMINI COLLETTIVI NELLA REGIONE CAMPANIA, TAB EDIZIONI, ROMA, 2021
More Information
WE RECOMMEND USING A CONSTITUTIONAL COMPARATIVE CODE, ALSO COMMENTED, AND SITOGRAPHY INSTITUTIONAL AND SCIENTIFIC.
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