First cycle
degree courses
Second cycle
degree courses
Single cycle
degree courses
Law School
LAW AND JURISPRUDENCE
Course unit
COMPARATIVE PUBLIC LAW
GIP4064983, A.A. 2017/18

Information concerning the students who enrolled in A.Y. 2015/16

Information on the course unit
Degree course 5 years single cycle degree in
LAW AND JURISPRUDENCE (Ord. 2014)
GI0270, Degree course structure A.Y. 2014/15, A.Y. 2017/18
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Degree course track GENERICO - SEDE DI PADOVA [999PD]
Number of ECTS credits allocated 9.0
Type of assessment Mark
Course unit English denomination COMPARATIVE PUBLIC LAW
Website of the academic structure http://www.giurisprudenza.unipd.it
Department of reference Department of Public, International and Community Law
Mandatory attendance No
Language of instruction English
Branch TREVISO
Single Course unit The Course unit can be attended under the option Single Course unit attendance
Optional Course unit The Course unit can be chosen as Optional Course unit

Lecturers
Teacher in charge ANDREA PIN IUS/08

Mutuating
Course unit code Course unit name Teacher in charge Degree course code
GIP4064983 COMPARATIVE PUBLIC LAW ANDREA PIN GI0270

ECTS: details
Type Scientific-Disciplinary Sector Credits allocated
Core courses IUS/21 Comparative Public Law 9.0

Mode of delivery (when and how)
Period Second semester
Year 3rd Year
Teaching method frontal

Organisation of didactics
Type of hours Credits Hours of
teaching
Hours of
Individual study
Shifts
Lecture 9.0 72 153.0 No turn

Calendar
Start of activities 26/02/2018
End of activities 01/06/2018

Syllabus
Prerequisites: Students are expected to have passed Constitutional Law exam before trying Comparative Public Law.

Personal readings beyond assignments are encouraged. No other prerequisites.

The course is entirely held in English.
Target skills and knowledge: The course aims at developing a systematic capacity of reflecting on legal experience. This will be done through the comparison among different legal systems, and having regard to the concrete legal praxis.
Examination methods: Modalita' di esame in Inglese: Oral final examination.
Assessment criteria: Since the course will consist of lectures and debates on cutting-edge topics, students are expected to develop criticisms upon the subject the course touches upon. The final examination will require the students to show ability in handling concepts and articulating them.
Course unit contents: We will focus on the most debated issues in comparative law, in order to capture salient informations to address Italian problems and enhance legal argumentation and litigation skills.

1. Civil and common Law basic characteristics
1.1. The features of common law and its legal transplants
1.2. Civil and common law in the global framework
2. Islamic law, past and present
2.1. The law of Islamic states
2.2. The law of Muslim minorities in the West
3. Constitutionalism and fundamental rights
3.1. The American model of individual rights
3.2. Privacy rights
4. Theory and praxis of federalism
4.1. The phases of American federalism
5. Interpreting the constitution
5.1. Originalism and living instrument
6. European constitutionalism
6.1. Transplants in rule of law and human rights
Attivita' di apprendimento previste e metodologie di insegnamento in Inglese: We will consider the prevailing dynamics of contemporary constitutional models.
1. Contemporary struggles call for a study of the legal regimes of Middle East and North Africa. A deep consideration of the Muslim legal culture and of Middle Eastern society will make us understand the reasons of the struggles.
2. The European constitutionalism sees a continuous exchange of opinions and concept trade among domestic and supranational courts, in the field of human rights as well as of constitutional structure. Also this topic will be covered.
3. We will finally consider the issue surrounding the contemporary era of human rights' based global constitutionalism.

Such topics will covered through Professorship's lectures and classroom debates, including moot court's practice.
.
Planned learning activities and teaching methods: Such topics will covered through Professorship's lectures and classroom debates, including moot court's practice.
Additional notes about suggested reading: Students are expected to take notes, upon which the final examination will be based.

Depending on the debates, supplementary readings may be encouraged and then discussed during lectures.

Reading materials indicated below are intended as referential texts.
Textbooks (and optional supplementary readings)
  • Michel Rosenfeld, Andras Saio, Oxford Handbook of Comparative Constitutional Law. Oxford: Oxford University Press, 2013. Reference book. Oxford: Oxford University Press, 2013. Reference book