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03 - Comparative Constitutional Law


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.