Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


COMPARATIVE PUBLIC LAW
DIRITTO PUBBLICO COMPARATO

A.Y. Credits
2024/2025 9
Lecturer Email Office hours for students
Francesca Rosa During the first semester, the reception can be arranged by sending an e-mail to francesca.rosa@uniurb.it. In the second semester the weekly reception time will be planned according to the class schedule.
Teaching in foreign languages
Course with optional materials in a foreign language English French
This course is entirely taught in Italian. Study materials can be provided in the foreign language and the final exam can be taken in the foreign language.

Assigned to the Degree Course

Law (LMG/01)
Curriculum: Percorso comune
Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

The course studies the constitutional systems of the United Kingdom, the United States, France and Germany from a historical and comparative perspective with the aim of highlighting symmetries and asymmetries relating to the features of the constitution, the system of government, the territorial autonomy system and the protection of rights.

Program

A. Comparative law: history, definitions and objectives

B. The United Kingdom: 1. The British constitution: formation and features - 2. The responsible government - 3. The devolution - 4. The protection of rights: from Magna Carta to the Human Rights Act - 5. The relationship with the European Union: from entry to Brexit

C. The United States: 1. The Constitution of 1787: origins and features - 2. The presidential system - 3. Federalism - 4. The Bill of Rights

D. France: 1. The constitution of the Fifth Republic: background, formation and features - 2. The semi-presidential system - 3. The territorial government - 4. The protection of rights - 5. The relationship with the European Union

E. Germany: 1. The Basic Law of 1949:  background, formation and features - 2 The parliamentary system - 3. Federalism - 4. The protection of rights - 5. The relationship with the European Union

Learning Achievements (Dublin Descriptors)

- Knowledge and understanding: students will be familiar with the fundamentals of the constitutional law of the four systems examined with reference to the features of the constitution, the system of government, the territorial government, the protection of rights and, for European countries, the relationship with the European Union.

- Ability to apply knowledge and understanding: students will be able to compare the systems examined with regard to the features of the constitution, the system of government, the territorial government, the protection of rights and, for European countries, the relationship with the European Union.

- Making judgements: students will be able to contextualise the constitutions studied in the history of each legal system and explain why different legal systems offer different solutions to common problems (e.g. limitation of political power, horizontal and vertical separation of power, protection of individual rights).

- Communication skills: students will be able to present their acquired knowledge clearly and rationally, using specific vocabulary with reference to each legal system and to comparative law.

- Learning skills: students will be able to independently compare the foundations of the Italian constitutional system with those studied and to place them - albeit with their differences - in a culturally homogeneous region of the globe.

Teaching Material

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Supporting Activities

A series of seminars will be organised on the most important 2024 elections: the French National Assembly, the European Parliament and the President of the United States.


Teaching, Attendance, Course Books and Assessment

Innovative teaching methods

Cooperative lerning

Course books

- E. Di Salvatore, Sistemi costituzionali europei, Cedam, 2021, limitatamente ai capitoli dedicati a GermaniaFrancia e Regno Unito

- A. Torre, Regno Unito, il Mulino, Bologna 2021

- L. Stroppiana, Stati Uniti, il Mulino Bologna 2021

- F. Rosa, Il costituzionalismo britannico e l'Europa, Carocci, 2023

Assessment

The assessment will consist of an oral exam in which three or more questions will be asked. The evaluation criteria and the scale of marks are as follows:

• less than 18: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”;

• 18-20: competence level sufficient. The student attains the learning results described in “knowledge and understanding”;

• 21-23: competence level satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”;

• 24-26: competence level good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”;

• 27-29: competence level very good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”;

• 30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Additional Information for Non-Attending Students

Course books

- E. Di Salvatore, Sistemi costituzionali europei, Cedam, 2021 (only the chapter on France)

- A. Torre, Regno Unito, il Mulino, Bologna 2021

- L. Stroppiana, Stati Uniti, il Mulino Bologna 2021

- F. Palermo J. Woelk, Germania, il Mulino Bologna, 2023

- M. Volpi, Libertà e autorità. La classificazione delle forme di Stato e delle forme di governo, Giappichelli, Torino, 2022

Assessment

The assessment will consist of an oral exam in which three or more questions will be asked. The evaluation criteria and the scale of marks are as follows:

• less than 18: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”;

• 18-20: competence level sufficient. The student attains the learning results described in “knowledge and understanding”;

• 21-23: competence level satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”;

• 24-26: competence level good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”;

• 27-29: competence level very good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”;

• 30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

« back Last update: 10/10/2024

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