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Teacher
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CITINO YLENIA MARIA
(syllabus)
The course on Comparative Legal Systems offers an in-depth analysis of different legal traditions and their constitutional implications. It begins with an introduction to legal comparison, exploring its definitions, methods, and role in the contemporary context. This is followed by an examination of the world's legal families, comparing common law, civil law, religious, and mixed systems, with a critical reflection on traditional taxonomies. The course delves into the main legal systems: on one hand, civil law, with particular attention to its Roman origins and codification processes in France, Germany, and Italy; on the other, common law, analyzing its historical roots, the principle of binding precedent, and the role of the jury in the British and American systems. A specific focus is given to the European Union as a constitutional order, with case studies such as Costa v. Enel and Les Verts. The course then explores the concepts of constituent power and constitutional revision, as well as the distinction between flexible and rigid constitutions, with references to the Chilean case. It continues with the study of state structures, including monarchy, republic, feudal state, absolute state, liberal state, authoritarian and totalitarian states, the welfare state, the rule of law state, and the liberal-democratic state, along with forms of government such as parliamentary, presidential, semi-parliamentary, directorial, chancellorship, and prime ministerial systems, with a comparative analysis of Italy’s premier reform. A particular focus is dedicated to territorial arrangements within the state, comparing unitary, federal, regional, and confederal states, with case studies on the Spanish autonomic model and the Swiss confederation. Following a midterm exam, the course examines the judiciary and constitutional justice, analyzing models of rights protection and transnational influences through landmark cases such as Dobbs v. Jackson Women’s Health Organization and the Cappato case. Subsequent lessons address key constitutional issues, including secessionist movements and Brexit, and their implications for the European Union and the United Kingdom; the evolution of the role of Parliament and legislative process oversight, with an analysis of Italian and international jurisprudence; and the rule of law crisis in Europe, focusing on cases in Poland, Hungary, Bulgaria, and Romania. The course then examines human rights from a comparative perspective, considering international conventions, regional protection systems, and constitutional balancing, with an analysis of key rulings from the German Constitutional Court, such as Lüth and Apotheken-Urteil. The final lessons explore emerging technologies and challenges to democracy, with a focus on artificial intelligence regulation, online freedom of expression, and disinformation, particularly the conflict between the Brazilian Supreme Court and Twitter. The course concludes with an analysis of the constitutional limits on judicial annulment of elections, examining the Romanian case and the opinion of the Venice Commission.
(reference books)
Selected chapters (to be agreed with the professor) from:
- R. Masterman and R. Schütze, The Cambridge Companion to Comparative Constitutional Law (CUP, 2019).
- M. Rosenfeld and A. Sajò, The Oxford Handbook of Comparative Constitutional Law (OUP, 2012).
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