Syllabus
Updated A.Y. 2023-2024
Updated A.Y. 2023-2024
Course Description
The course provides an introduction to the study of law in the global scenario. Through a historical and comparative approach, the course deals with the (i) legal systems of the World and the system of sources of law, (ii) the private and public law fundamental institutions in the World, (iii) the Roman foundations of legal institutions, (iv) the fundamental concepts of law and their historical development, (v) constitutionalism in the framework of the Nation State and the constitutional framework of contemporary democratic political systems.
The course is divided into three modules:
- 1st Module, Introduction to the legal systems, Prof. Massimo Papa, 4 CFU
- 2nd Module, Harmonization of Law and Legal History, Prof. Riccardo Cardilli, 4 CFU
- 3rd Module, Comparative Constitutional law, Prof. Andrea Buratti, 4 CFU
Find more information in the Syllabus
Updated A.Y. 2022-2023
Updated A.Y. 2022-2023
Course Description
The course provides an introduction to the study of law in the global scenario. Through a historical and comparative approach, the course deals with the (i) legal systems of the World and the system of sources of law, (ii) the private and public law fundamental institutions in the World, (iii) the Roman foundations of legal institutions, (iv) the fundamental concepts of law and their historical development, (v) constitutionalism in the framework of the Nation State and the constitutional framework of contemporary democratic political systems.
The course is divided into three modules:
- 1st Module, Introduction to the legal systems, Prof. Massimo Papa, 4 CFU
- 2nd Module, Harmonization of Law and Legal History, Prof. Riccardo Cardilli, 4 CFU
- 3rd Module, Comparative Constitutional law, Prof. Andrea Buratti, 4 CFU
Find more information in the Syllabus
Updated A.Y. 2021-2022
Updated A.Y. 2021-2022
Course Description
The course provides an introduction to the study of law in the global scenario. Through a historical and comparative approach, the course deals with the (i) legal systems of the World and the system of sources of law, (ii) the private and public law fundamental institutions in the World, (iii) the Roman foundations of legal institutions, (iv) the fundamental concepts of law and their historical development, (v) constitutionalism in the framework of the Nation State and the constitutional framework of contemporary democratic political systems.
The course is divided into three modules:
-
1st Module, Introduction to the legal systems, Prof. Massimo Papa, 4 CFU
-
2nd Module, Harmonization of Law and Legal History, Prof. Riccardo Cardilli, 4 CFU
-
3rd Module, Comparative Constitutional law, Prof. Andrea Buratti, 4 CFU
Find more information in the Syllabus
Updated A.Y. 2020-2021
Updated A.Y. 2020-2021
Course Description
The course provides an introduction to the study of law in the global scenario. Through a historical and comparative approach, the course deals with the (i) legal systems of the World and the system of sources of law, (ii) the private and public law fundamental institutions in the World, (iii) the Roman foundations of legal institutions, (iv) the fundamental concepts of law and their historical development, (v) constitutionalism in the framework of the Nation State and the constitutional framework of contemporary democratic political systems.
The course is divided into three modules:
-
1st Module, Introduction to the legal systems, Prof. Massimo Papa, 4 CFU
-
2nd Module, Harmonization of Law and Legal History, Prof. Riccardo Cardilli, 4 CFU
-
3rd Module, Comparative Constitutional law, Prof. Andrea Buratti, 4 CFU
Find more information in the Syllabus
Updated A.Y. 2019-2020
Updated A.Y. 2019-2020
Course Description
The course provides an introduction to the study of law in the global scenario. Through a historical and comparative approach, the course deals with the (i) legal systems of the World and the system of sources of law, (ii) the private and public law fundamental institutions in the World, (iii) the Roman foundation of legal institutions, (iv) the fundamental concepts of law and their historical development, (v) constitutionalism in the framework of the Nation State and the constitutional framework of contemporary democratic political systems.
The course is divided into three modules:
- 1st Module, Introduction to the legal systems, Prof. Massimo Papa, 4 CFU
- 2nd Module, Harmonization of law and legal history, Prof. Riccardo Cardilli, 4 CFU
- 3rd Module, Comparative Constitutional law, Prof. Andrea Buratti, 4 CFU
3rd Module: Comparative Constitutional Law (Prof. A. Buratti)
The course analyzes the origins, the goals and the development of western constitutionalism, as well as the structure and the transformations of constitutional law in the western World.
Topic 1 Theoretical Roots of Modern Constitutionalism. Ancient and modern constitutionalism.
Topic 2 English Constitutionalism: the relationship with the Common law legal system, the claim for separation of powers and fundamental rights.
Topic 3 The Rise of Constitutionalism in the Age of Revolutions: French and American Revolutions constitutionalism, common patterns and different paths
Topic 4 American Constitution: constitutional rigidity, the judicial review of the legislation, federalism. The process of democratization.
Topic 5 Constitution and State in 19th Century: liberal constitutionalism in Europe.
Topic 6 American contemporary constitutionalism: Congress and the Presidency, transformations in the interpretation of federalism and constitutional rights (the role of the Supreme Court).
Topic 7 European Constitutions in Post-Second World War: fundamental rights, forms of government, regionalism, sources of law.
Topic 8 Worldwide expansion of Western Constitutionalism.
Topic 9 Open Constitutional State: the development of the European Union legal order and its institutions.
Teaching Method
The main aim of the course is to develop and improve student’s capability to use the methods of comparative analyses in Constitutional Law. Concepts and expertise given by the course will develop student’s legal knowledge, and will provide them with the skill to grasp other legal issues.
The course asks students to learn a legal lexicon. Students will have the possibility to have an open and interactive exchange of views with the Professor, and will be required to read documents and legal materials to be discussed together with the Professor and other colleagues.
PLEASE FIND MORE INFORMATION ON THE COURSE ON THE SYLLABUS IN THE TEACHING MATERIAL SECTION
Updated A.Y. 2018-2019
Updated A.Y. 2018-2019
Course Description
The course provides an introduction to the study of law in the global scenario. Through a historical and comparative approach, the course deals with the (i) legal systems of the World and the system of sources of law, (ii) the private and public law fundamental institutions in the World, (iii) the Roman foundation of legal institutions, (iv) the fundamental concepts of law and their historical development, (v) constitutionalism in the framework of the Nation State and the constitutional framework of contemporary democratic political systems.
The course is divided into three modules:
- 1st Module, Introduction to the legal systems, Prof. Massimo Papa, 4 CFU
- 2nd Module, Harmonization of law and legal history, Prof. Riccardo Cardilli, 4 CFU
- 3rd Module, Comparative Constitutional law, Prof. Andrea Buratti, 4 CFU
3rd Module: Comparative Constitutional Law (Prof. A. Buratti)
The course analyzes the origins, the goals and the development of western constitutionalism, as well as the structure and the transformations of constitutional law in the western World.
Topic 1 Theoretical Roots of Modern Constitutionalism. Ancient and modern constitutionalism.
Topic 2 English Constitutionalism: the relationship with the Common law legal system, the claim for separation of powers and fundamental rights.
Topic 3 The Rise of Constitutionalism in the Age of Revolutions: French and American Revolutions constitutionalism, common patterns and different paths
Topic 4 American Constitution: constitutional rigidity, the judicial review of the legislation, federalism. The process of democratization.
Topic 5 Constitution and State in 19th Century: liberal constitutionalism in Europe.
Topic 6 American contemporary constitutionalism: Congress and the Presidency, transformations in the interpretation of federalism and constitutional rights (the role of the Supreme Court).
Topic 7 European Constitutions in Post-Second World War: fundamental rights, forms of government, regionalism, sources of law.
Topic 8 Worldwide expansion of Western Constitutionalism.
Topic 9 Open Constitutional State: the development of the European Union legal order and its institutions.
Teaching Method
The main aim of the course is to develop and improve student’s capability to use the methods of comparative analyses in Constitutional Law. Concepts and expertise given by the course will develop student’s legal knowledge, and will provide them with the skill to grasp other legal issues.
The course asks students to learn a legal lexicon. Students will have the possibility to have an open and interactive exchange of views with the Professor, and will be required to read documents and legal materials to be discussed together with the Professor and other colleagues.
PLEASE FIND MORE INFORMATION ON THE COURSE ON THE SYLLABUS IN THE TEACHING MATERIAL SECTION
Updated A.Y. 2017-2018
Updated A.Y. 2014-2015
Updated A.Y. 2014-2015
Prof. Andrea Buratti (Researcher of Public Law, School of Law of the University of Roma “Tor Vergata”) meet the students on Wednesday, 10-12 A.M., room 453, School of Law Building “La Romanina”, via O. Raimondo 18; or by appointment (burattiandrea@hotmail.com).
Syllabus
A) Western Constitutionalism
1. Constitutionalism: ancient and modern.
2. The birth of the Nation State in the Modern Age. The constituent elements of the State: territory, population, sovereignty. The constitutional Revolutions of the XVIII Century.
3. The evolution of the forms of the State.
4. Fundamental rights: legal features and transformations in western constitutionalism.
5. The legal order: norms and sources of law. The hierarchical system of the sources of law.
6. Criteria for the solution of antinomies.
7. The Constitution as superior paramount law in the western Constitutionalism. The rigidity of the Constitution.
8. The Constitutional review of the legislation..
B) Representative democracy and Parliamentary form of government
9. Patterns of democracy: direct and representative democracy.
10. Political representation and electoral systems.
11. The Forms of Government in comparative perspectives: parliamentary government.
12. The Forms of Government in comparative perspectives: Presidential and semi-Presidential Government.
C) European Union
13. The European Constitutions in the Post-Second World War and the openness to International law. Principles and sources of the international law and international organizations.
14. Origins and developments of the European Communities and the European Union.
15. The Treaties of the European Union and the Charter of Fundamental Rights of EU.
16. The Institutional frame of the European Union.
17. The sources of law of the European Union and their relevance in the domestic legal orders.
18. The principle of subsidiarity.
19. The European Court of Justice.
20. The European Convention of Human Rights: its relevance in the States legal orders and the protection of human rights by the European Court of Strasbourg.
D) Italian Constitution: sources of law and the system of constitutional review of the legislation
21. From the Italian Statute of 1848 to the Constitutional Assembly. Limits and procedures for the amendment of the Constitution (art. 138-139 I.C.).
22. The Parliamentary Law (art. 70-74 I.C.).
23. The Acts of the Executive Branch with force of law (art.76-77 I.C.).
24. The reservation to the Statutory Law. The Regulations of the Executive Branch.
25. The system of separation of competences between the sources of law: the Regional Law (art. 117 I.C.).
26. The popular Referendum on Legislative Acts (art. 75 I.C.).
27. The Italian Constitutional Court: the constitutional review of the legislation (art. 134-137 I.C.).
28. The Italian Constitutional Court: other functions.
E) Italian form of government
29. The structure of the Parliament (art. 55-69, 82 I.C.).
30. The status of the members of the Parliament (art. 68 I.C.).
31. The Parliamentary Confidence and the formation of the Cabinet (art. 92-94 I.C.).
32. The President of the Republic (art. 83-91 I.C.).
33. Structure of the Executive Branch and the Public Administration. (art. 95-100 I.C.).
34. Regional Form of Government (art. 121-126 I.C.). Local Government (art. 114-133 I.C.).
35. Constitutional Principles of the State Budget (art. 81 I.C.).
36. Politics and Jurisdiction: the independence of the judicial branch (art. 101-110 I.C.).
Texts for the preparation of the Exam:
A. - G.F. Ferrari, Introduction to Italian Public Law, Giuffrè 2008.
B. - R. Schütze, An Introduction to European Law, Cambridge University Press, 2012 (only parts I and II).
Exam:
A written Pre-Exam will be held on December 17. Written and oral exam in February.