The first part of the course analyzes: the legal experience and the
comparative method; constitutions and constitutionalism; forms of
government, federalism, constitutional courts; fundamental rights and
integration.
The second part of the course analyses the European constitutional law
and in particular the EU institutional framework and the constitutional implications of the European integration process.
- G. Morbidelli – M. Volpi – G. Cerrina Feroni, Diritto costituzionale comparato, Torino, Giappichelli, 2020 (chapters 1, 2, 3, 4, 6, 7, 9).
- G. Gaja – A. Adinolfi, Introduzione al diritto dell’Unione europea, RomaBari, Laterza, 2020 (chapters 1, 2, 5, 6).
Not attending students will integrate this programme with:
- G. Morbidelli – M. Volpi – G. Cerrina Feroni, Diritto costituzionale comparato, Torino, Giappichelli, 2020 (chapter 8).
- G. Gaja – A. Adinolfi, Introduzione al diritto dell’Unione europea, RomaBari, Laterza, 2020 (chapters 3, 4, 7).
Learning Objectives
The course aims to offer the methodological tools to understand the
Italian and European constitutional experience in light of the comparative
framework.
In particular, moving from a dynamic interpretation of the legal
experience, the course would like to stimulate students to consider the
interactions between norms, history and extralegal sources.
At the end of the course, the student will be able, inter alia, to select 2 or
more constitutional/supranational experiences, describe their evolution
and explain the differences and similarities.
Moreover, the student will be able to employ the “language” of the
Constitutions and European Treaties, communicating information,
problems, solutions.
Prerequisites
The passing of the exam of Public Law is strongly suggested.
Teaching Methods
Teaching through lectures, conferences and case studies analysis.
Further information
For more information concerning the thesis in Comparative and European Constitutional Law, see: https://www.unifi.it/p-doc2-2019-000000-I3f2c342d372730-0.html
Type of Assessment
Oral exam. At least one question will concern the unit “The European
integration process: constitutional implications”.
The main criteria of evaluation will be: (i) the organization the legal
discourse, also trough a critical approach; (ii) the clear and understandable language; (iii) the links between the several parts of the course.
Further assessment modalities (e.g.: class presentations, papers) can be agreed with the students
Course program
The course is composed by 5 units:
1) Methodological problems and introductory concepts
The legal experience; the comparative method; the legal tradizions; the state and the migration of constitutional ideas; the sources of law
2) The Constitutions: foundations, transformations, interpretations
The constitutionalism; the constitutional amendments procedures; legal interpretation, judicial reasoning, precedents.
3) Tools of limitation and legitimacy of the power in the constitutional experiences
Forms of government; constitutional organization; federalism and
regionalism; the constitutional review of legislation; the fundamental rights
4) Constitution and integration dynamics
The constitutional integration in the pluralistic society; civil rights;
immigration, citizenship and integration paths in the multicultural
societies
5) The European integration process: constitutional implications
The European Union: general aspects; the withdrawal clause and the Brexit case; the economic governance in the Eurozone