The course aims at offering to the students an overview of the systems of
constitutional justice both in their historical development and their
present functioning.
Some specific systems will be taken into consideration. The system
considered will be analyzed through case law related to some common
issues.
- V. Barsotti, N. Fiorita, Separatismo e laicità. Testo e materiali per un confronto tra Stati Uniti e Italia in tema di rapporti stato/chiese, Torino, Giappichelli, 2008;
- Lautsi v. Italia, European Court of Human Rights, November 3 2009 e March 18 2011;
- Salazar, Secretary of the Interior, et al. v. Buono, U.S. Supreme Court, 2010;
- Christian Legal Society v. Martinez, U.S. Supreme Court, 2010.
Learning Objectives
Students regularly attending classes will take the exam studying class
notes and handouts
Other students:
A) A. Pizzorusso, Giustizia costituzionale (comp.), in Enciclopedia del
diritto, Annali I, Milano, Giuffrè, 2007, pp.669-715;
B) L. Mezzetti (a cura di), Sistemi e modelli di giustizia costituzionale,
Padova, Cedam, 2009, pp. 99-289 e 623-683;
C) V. Varano ? V. Barsotti, La tradizione giuridica occidentale, Volume II,
Argomenti per un confronto civil law?common law, Giappichelli, Torino
2003, pp. 4-16.
Prerequisites
The students must have passed the exams in: Private Law (Diritto privato
I); Constitutional Law (Diritto costituzionale generale); Comparative Legal
System (Sistemi giuridici comparati), recommended but not required.
Teaching Methods
40 hours of seminars.
Further information
Considering that the course is in forme of a seminar and considering also
the specificity of the course, the instructors will evaluate the capacity and
attitude of the students before their enrollment.
Type of Assessment
Students regularly attending classes are expected to present an oral
work during classes and will also take a final oral exam.
Other students will take an oral exam.
Course program
The course aims at offering to the students an overview of the systems of
constitutional justice both in their historical development and their
present functioning.
Some specific countries will be taken into consideration belonging to the
diffuse model (such as USA and Canada) and to the concentrate model
(such as Austria, Germany, Spain, France).
The system considered will be analyzed in their theoretical scheme and
also through the reading of case law related to some common issues.