Tullio FENUCCI | COMPARATIVE PUBLIC LAW
Tullio FENUCCI COMPARATIVE PUBLIC LAW
cod. 0160100060
COMPARATIVE PUBLIC LAW
| 0160100060 | |
| DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA) | |
| EQF7 | |
| LAW | |
| 2018/2019 |
| YEAR OF DIDACTIC SYSTEM 2012 | |
| PRIMO SEMESTRE |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/21 | 8 | 72 | LESSONS |
| Objectives | |
|---|---|
| THE TEACHING WILL GIVE TO THE STUDENT 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 AND THE BASIC KNOWLEDGE OF THE CONSTITUTION AND THE CONSTITUTIONALISM, THE FORMS OF STATE AND GOVERNMENT AND THE MAIN CONSTITUTIONAL JUSTICE MODELS. KNOWLEDGE AND CAPACITY OF COMPREHENSION: GENERAL KNOWLEDGE OF BASIC CHARACTERISTICS AND METHODS OF THE LEGAL COMPARISON; ABILITY OF COMPREHENSION OF BASIC DEVELOPMENTS OF THE CONSTITUTION, THE DIFFERENT FORMS OF STATE AND GOVERNMENT AS WELL AS CONSTITUTIONAL JUSTICE MODELS. ABILITY OF EMPLOY KNOWLEDGE AND COMPREHENSION: ABILITY 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. |
| Prerequisites | |
|---|---|
| PASSING THE EXAM OF CONSTITUTIONAL LAW IS PREPARATORY TO THE TEACHING OF PUBLIC COMPARATIVE LAW. |
| Contents | |
|---|---|
| - THE COMPARISON IN PUBLIC LAW (6H LESSON) COMPARISON AS SCIENCE AND ITS RELATIONS WITH OTHER DISCIPLINES; OBJECT, FUNCTIONS AND METHOD OF COMPARISON. - SOURCES OF LAW, COMPARATIVE PROFILES (8H LESSON) CONSTITUTION, CONSTITUTIONALISM AND CONSTITUENT POWER; REVISION OF THE CONSTITUTION; SOURCES SUBORDINATE TO THE CONSTITUTION. - FORMS OF STATE (6H LESSON) ABSOLUTE STATE; LIBERAL STATE; DEMOCRATIC STATE; SOCIALIST STATE; AUTHORITARIAN AND TOTALITARIAN STATE. - TERRITORIAL DISTRIBUTION OF POWERS (4H LESSON) CENTRALIZED STATE; FEDERAL STATE; REGIONAL STATE; THEORIES ON THE LEGAL NATURE OF THE FEDERAL AND REGIONAL STATE; THE EUROPEAN UNION. - FORMS OF GOVERNMENT (14H LESSON) HISTORICAL ORIGINS; THE FORMS OF GOVERNMENT IN GENERAL: PARLIAMENTARY, PRESIDENTIAL, SEMI-PRESIDENTIAL, DIRECTORIAL AND SEMI-PARLIAMENTARY; DETAILED ANALYSIS OF THE FORMS OF GOVERNMENT OF THE UNITED STATES, OF FRANCE, OF THE UNITED KINGDOM, OF GERMANY, OF RUSSIA AND SPAIN. - CONSTITUTIONAL ORGANIZATION, GENERAL COMPARATIVE PROFILES (10H LESSON) PARLIAMENT; GOVERNMENT; HEAD OF STATE; PEOPLE. - COMPARATIVE MODELS OF JUDICIAL REVIEW OF LEGISLATION (16H LESSON) HISTORICAL ORIGINS; CENTRALIZED AND WIDESPREAD JUDICIAL REVIEW OF LEGISLATION; INCIDENTAL AND DIRECT JUDICIAL REVIEW OF LEGISLATION; THE JUDICIAL OF REVIEW OF LEGISLATION IN THE UNITED STATES, IN FRANCE, IN GERMANY, IN ITALY, IN SPAIN. - FUNDAMENTAL RIGHTS (LESSON 8H) THE RIGHTS OF THE ANCIENTS; BIRTH AND EVOLUTION OF RIGHTS IN ENGLAND; THE U.S. BILL OF RIGHTS; THE FRENCH REVOLUTION; THE LIBERAL AGE; THE WEIMAR REPUBLIC; THE SECOND WORLD WAR; THE MILITANT DEMOCRACY; FUNDAMENTAL RIGHTS AND SECURITY AFTER 11 SEPTEMBER 2001. |
| Teaching Methods | |
|---|---|
| THE TEACHING CONSISTS OF 72-HOUR LESSONS (8 CFU), CALLS FOR THE READING AND THE COMMENT OF CONSTITUTIONS AND COURT DECISIONS. THE ATTENDANCE IS NOT COMPULSORY. |
| Verification of learning | |
|---|---|
| THE ACHIEVEMENT OF TEACHING PURPOSES IS CERTIFIED BY PASSING AN ORAL EXAMINATION WITH AN ASSESSMENT EXPRESSED IN THIRTIETHS. THE ORAL TEST CONSISTS OF AN ORAL EXAM WITH QUESTIONS AND DISCUSSION ON THEORETICAL AND METHODOLOGICAL CONTENTS SPECIFIED IN THE TEACHING PROGRAMM AND IS AIMED AT VERIFYING THE LEVEL OF KNOWDLEDGE AND OF ABILITY OF COMPREHENSION REACHED BY THE STUDENT, THE ABILITY TO DISPLAY USING THE APPROPRIATE TERMINOLOGY AND THE ABILITY TO ORGANIZE INDEPENDENTLY THE EXPOSITION ON THE SAME THEORETICAL CONTENT TOPICS. THE STUDENT PASSES THE EXAM WHEN THE VOTE ACHIEVED IS GREATER THAN OR EQUAL TO 18. THE LEVEL OF MINIMUM ASSESSMENT IN ORDER TO PASS THE EXAM (18) IS ATTRIBUTED WHEN THE STUDENT HAS JUST ENOUGH KNOWLEDGE OF THEORETICAL CONTENT. THE MAXIMUM LEVEL (30) IS ATTRIBUTED WHEN THE STUDENT SHOWS A FULL KNOWLEDGE OF THEORETICAL CONTENT. PRAISE IS ATTRIBUTED WHEN THE CANDIDATE DEMONSTRATES SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENTS AND SHOWS THAT HE KNOWS HOW TO PRESENT THE SUBJECTS WITH CONSIDERABLE CORRECT USE OF LANGUAGE AND AUTONOMOUS PROCESSING CAPACITY EVEN IN DIFFERENT CONTEXTS FROM THOSE PROPOSED BY THE TEACHER. THEREFORE, ASSESSMENT CRITERIA OF THE EXAMINATION WILL BE: AUTONOMY OF JUDGMENT - ABILITY TO GATHER AND INTERPRET CRITICALLY COMPLEX DATES AND INFORMATION IN THE SPECIFIC FIELD OF PUBLIC COMPARATIVE LAW. ABILITIES OF COMMUNICATION - ABILITY TO ARTICULATE AN ELABORATE SPEECH AND TO SPEAK CLEARLY AND WITH APPROPRIATE LANGUAGE, TO COMMUNICATE TO A NON-EXPERT PUBLIC INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE FIELD OF THE PUBLIC COMPARATIVE LAW. ABILITY OF UNDERSTANDING - ABILITY TO USE THE COMPARATIVE METHOD AND CHOOSE THE DATA, STORING PRECISELY THOSE SIGNIFICANT, WITH THE ACQUISITION OF REFERENCES, FRAMEWORKS AND ABILITY OF UNDERSTANDING IN ORDER TO IMPROVE LEGAL KNOWLEDGE ALREADY ACQUIRED AND EMPLOY SUCH COMPETENCES TO OTHER TEACHING COURSES TOO. |
| Texts | |
|---|---|
| G. MORBIDELLI, L. PEGORARO, A. RINELLA, M. VOLPI, DIRITTO PUBBLICO COMPARATO, GIAPPICHELLI, TORINO, 2016. CHAPTERS: I, INTRODUZIONE METODOLOGICA. – III, COSTITUZIONI E COSTITUZIONALISMO. - IV, LE FORME DI STATO. – VI, LA DISTRIBUZIONE TERRITORIALE DEI POTERI: TIPI DI STATO E UNIONE EUROPEA. - VII, LE FORME DI GOVERNO. - VIII, L'ORGANIZZAZIONE COSTITUZIONALE. – IX, GIUSTIZIA COSTITUZIONALE. AS AN ALTERNATIVE: P. CARROZZA, A. DI GIOVINE, G.F. FERRARI (EDITED BY), DIRITTO COSTITUZIONALE COMPARATO, EDITORI LATERZA, ROMA-BARI, LAST EDITION. CHAPTERS: IL REGNO UNITO; GLI STATI UNITI D'AMERICA; LA FRANCIA; LA "COSTITUZIONE" EUROPEA: DAL PATRIMONIO COMUNE AL QUASI-FEDERALISMO; L'OGGETTO E IL METODO; PREISTORIA, ORIGINI E VICENDE DEL COSTITUZIONALISMO; LE FORME DI STATO; LE FORME DI GOVERNO; I RAPPORTI CENTRO-PERIFERIA: FEDERALISMI, REGIONALISMI E AUTONOMIE; LA GIUSTIZIA COSTITUZIONALE. |
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