Rights Protection and Comparative Legal Systems
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
It requires an in-depth knowledge of the basic elements of the Italian public law, which is essential for a proper observation and understanding of the diverse foreign legal system experiences, as well as for the understanding of the main institutions of international law
The exam is carried out orally and consists of an interview with the professors in order to verify the capacity utilization of methodological tools of comparative law in the public law and the capacities of analysis and critical interpretation of international legal documents and acts of the international legal system. The purpose of this exam is not only to evaluate the level of knowledge of the European constitutional systems and of the main international regulations, but also the ability to use a proper language, to show a critical analytical capacity and an independent judgement on the subjects of study.
The student will be expected to demonstrate that his knowledge is not limited to the text, but he also knows about the effectiveness and concrete operation of the constitutional laws under the foreign and international legal systems and he is able to assess them in their historical framework and context.
The exam for students who have attended all the lessons may consist, on a voluntary basis, of a written test which is held during the middle of the course or at the end of the latter. It is required not only the knowledge of the subjects covered in class and of the didactic material available on the e-learning platform, but also the acquisition and the correct understanding of the content of the texts that have to be integrally studied. The result of the exam is represented by a mark out of thirty: each test is considered to be passed with a grade of at least 18/30. The final grade will be the arithmetic median of each single exam.
The course is divided into two modules.
The module relating the safeguard of rights (International Law Module) is aimed at providing a basic knowledge of the features and main institutions of the international community legal system, in order to allow the understanding of the rules and procedures on which States relations are based and which forms of protection of fundamental rights are implemented in the international context. The course also intends to provide students with the understanding of the mechanisms for the creation and the implementation of international rules and their interaction with the national legal systems. Students will be able to analyze normative documents of the international legal system, in order to allow the understanding of its scope and effects and to evaluate any critical elements.
The module relating the comparative legal systems (Comparative Law Module) is aimed at providing the key issues of the contemporary constitutional law with regard to its historical development and its current trends, also referring to the most important experiences of foreign legal systems in the light of the “constitutionalization process” of the European Union. At the end of the course, the students are expected to be able to identify the system of principles and values that have historically characterised the different legal systems and that have deeply influenced the history of the modern Western countries, giving to their legal systems constantly evolving, a systematic unity.
By the end of the course, students are also expected to be able to critically understand the current public and constitutional law, with regard to the diversity of the legal systems, and to compare each other in order to detect identities and similarities, or rather, diversities and divergences.
The International Law Module concerns the study of the sources of international law, with particular reference to customs and treaties, the analysis of the subjects of international law and their features as well as of the bodies for international relations. The efficacy of international rules in the domestic legal systems, the rules of international offences and responsibility, international controversies and their solution (arbitration and jurisdiction), the protection of human rights and the position of the individual in the context of the international system are also subjects of analysis.
The Comparative Law Module aims to provide a thorough analysis of the main European constitutional systems. Following a methodological introduction that explains the purposes of comparative law and the relations between comparative public law and European law, the course addresses, from a comparative perspective, the principle of division of powers in the historical evolution from the "classic" liberal State to the "interventionist" liberal State, in the light of the founding principles of Western constitutionalism and of common constitutional traditions.
Through the comparison of the formal discipline and the effective operation of constitutional systems, the course considers the German, French and British legal systems, and these will be examined in terms of case-law and regulations as these produce and create each country’s modern constitutional law, especially by taking into account European law as its’ presence is increasing in the integration between legal systems of the Member States.
The German legal system will be analyzed, with regard to the guarantee of human rights and to the form of government and form of State, since both are issues which are very significant and useful to be utilized in the comparison with the Italian system.
For what concerns the International Law Module, the reference title is: CARBONE, LUZZATTO, SANTA MARIA, Istituzioni di diritto internazionale, 5° ed., Torino, Giappichelli, 2016, part I (pp. 3-371, except chapter V).
The knowledge of the main relevant international documents is required, with particular reference to the United Nations Charter, the Statute of the International Court of Justice, the Conventions on the law of treaties, and the Draft Articles of the International Law Commission on liability and responsibility. The related texts are available in CONETTI, MIGLIORINO, SCOVAZZI, Testi di base per lo studio del diritto internazionale, 3° ed., Milano, 2006.
For what concerns the Comparative Law Module, the reference title is: Giovanni Bognetti, La divisione dei poteri, Giuffrè, Milano, 2002, ISBN-13: 978-8814092695.
It is also required the following text: F. Furlan, S. Gianello, M. Iacometti, C. Martinelli, G. E. Vigevani, M. P. Viviani Schlein, Costituzioni comparate, Giappichelli, 2017.
On the e-learning platform will be available didactic and regulatory materials, relevant judgments issued by foreign courts, legal documents and articles which will be used in class.
The course will be held during the first semester. It is composed of 60 traditional class hours (face-to-face lectures). The lectures are given by the professors holding the course. Lessons given by foreign guests are also envisaged depending on the funds raised under the program of internationalization.
Appointment times
Professor Mangione receives the students in Sant’Abbondio, according to the calendar which is exposed on the notice board and on the website of the Department. The professor can also be contacted via email, to the following: Gabriella.Mangione@uninsubria.it.
Professor Vismara receives only on appointment in Sant’Abbondio (fabrizio.vismara@uninsubria.it), each Wednesday, from 14.30 onwards.
Schedule of didactic activities
Hyperlink to office hours and seats of the CdS page.
Exam sessions
Hyperlink to the exams board.