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INTRODUCTION TO THE LEGAL SYSTEM

II canale

Program

Updated A.Y. 2016-2017

Overview
The course aims at providing an introductory knowledge of the legal lexicon and the legal issues in the national and supranational scenario. The structure of the legal systems and legal orders, as well as the fundamentals of public law, will be analyzed through a comparative method, focusing on the Atlantic space and its constitutional legal structure. At the same time, transformation of the legal order brought by supranational integration and globalization will be considered, analyzing the relationships between States and Organization, especially in the European framework. The course will offer a deep knowledge of fundamental rights regulation and protection, administrative law and procedures, legal regulation of economics and public finance.

Syllabus

1. Issues of methods of legal studies
September 19th 2016 (11-13).
Textbook references: par. 1.1, 1.2.

2. The Legal Systems: Civil and Common Law
September 21th 2016 (11-13).
Textbook references: par.  2.1-2.3.

3. Origins and features of the Nation-State
September 26th 2016 (11-13).
Textbook references: par. 1.3, 1.4, 2.5-2.7, 2.11-2.13, Ch. 3, 4.1, 4.6.

4. International Public Law
September 28th 2016 (11-13).
Textbook references: 5.1, Ch. 6.

5. The Constitutional State: sources of law
October 3rd 2016 (11-13).
Textbook references: par. 2.5-2.9, 2.14, 5.1.

6. Patterns of constitutional review of the legislation
October 5th 2016 (11-13).
Textbook references: par. 2.10, 2.14, 4.4, 5.1-5.4.

7. Forms of government
October 10th 2016 (11-13).
Textbook references: 2.4, 2.8-2.9, 4.3-4.5, 5.2-5.4.

8. Federalism and regionalism
October 12th 2016 (11-13).
Textbook references: 2.8, 4.2, 5.1-5.7.

9. Legal orders relationships: a) the European Union legal system
October 17th 2016 (11-13).
Textbook references: 7.1, 7.3-7.6.

10. Legal orders relationships: b) the European Convention of Human Rights
October 24th 2016 – 11-13.
Textbook references: 7.2.

11. Legal orders relationships: c) the Global arena
October 26th 2016 – 11-13

12. Fundamental rights and freedoms (I)
November 7th 2016 (9-11).
Textbook references: par. 7.7-7.9.

13. Fundamental rights and freedoms (II)
November 9th 2016 (9-11).
Textbook references: par. 7.7-7.9.

14. Administrative law and administrative agencies: a) rule of law (Porf. M. Conticelli)
November 14th 2016 (9-11).
Textbook references: par. 3.5.

15. Administrative law and administrative agencies: b) administrative proceedings (Prof. M. Conticelli)
November 16th 2016 (9-11).

16. Remedies
November 21st 2016 (9-11).
Textbook references: par. 7.7.

17. The budgetary power between States and the EU
November 23rd 2016 (9-11).

18. The regulatory State (Prof. M. Conticelli)
November 28th (9-11).

Materials:
Compulsory readings:
1. Textbook: A. Buratti, Western Constitutionalism. An Introduction, Giappichelli, 2016.
2. Required Readings (as pointed out by Professor. See Materials section)

Assessment:
Learning outcomes are assessed through class participation (20% weight), a written exam (40% weight), and an oral final exam (40% weight).

1. A written mid-term exam will be held the 31st October (9-13). It will cover all the topics discussed in class until lection n. 6 and the related readings.
It will consist of 10 multiple choice questions + 1 open question.
Part one: 10 questions each with four answers and only one correct. A right answer gains one points (no answer and a wrong answer will not gain or lose any point).
Part two: one open-ended question which requires the student to provide his/her reasoned written answer. The answer shall be rated on a scale from a minimum of 1 and a maximum of 10 points.
The result of the written exam is the sum of the grades in the two parts on a 30-point scale (where the minimum passing grade is 18).

2. A final written pre-exam will be held the first week of December (date TBD). It will cover:
(i) (for students who passed the mid-term exam) all the topics from lection n. 7 up to lection n. 18, and the related readings.
(ii) (for students who did not pass the mid-term exam) the entire course.
Part one: 5 questions each with four answers and only one correct. A right answer gains two points (no answer and a wrong answer will not gain or lose any point).
Part two: two open-ended questions which require the student to provide his/her reasoned written answer to both questions. Each answer shall be rated on a scale from a minimum of 1 and a maximum of 10 points.
The result of the written exam is the sum of the grades in the two parts on a 30-point scale (where the minimum passing grade is 18).

For students who did not pass the final pre-exam, a Final exam will be held in the dates provided by the general calendar. It will be written and oral.
Students who passed the pre-exam will take only an oral exam.
January or February, 2016, (date to be confirmed)
An oral exam on the course content to define the final grade, starting from the average of November 5th and December 16th grades (minimum passing grade is 18).
 

Contacts
Prof. Andrea Buratti receives students on appointment. burattiandrea@hotmail.com