Unit COMPARATIVE PUBLIC LAW

Course
Legal services
Study-unit Code
A000772
Location
PERUGIA
Curriculum
Operatore giudiziario e della p.a.
Teacher
Maria Chiara Locchi
Teachers
  • Maria Chiara Locchi
  • Jacopo Paffarini
Hours
  • 34 ore - Maria Chiara Locchi
  • 20 ore - Jacopo Paffarini
CFU
9
Course Regulation
Coorte 2024
Offered
2025/26
Type of study-unit
Obbligatorio (Required)
Type of learning activities
Attività formativa monodisciplinare
Language of instruction
Italian
Contents
Introduction to the course: notion of comparative public law and methodological issues. General part: - Legal families and sources of law - Constitution and constitutionalism - Forms of state and forms of government - Comparative constitutional justice. Special part: Constitutionalism and climate democracy.
Reference texts
As for the General Part, students may choose from the following textbooks: 1) L. Pegoraro, A. Rinella, Sistemi costituzionali, Giappichelli, Torino, 2024. 2) G. Cerrina Feroni, G. Morbidelli, M. Volpi, Diritto pubblico comparato, Giappichelli, Torino, 2024 As for the Special Part: R. Iannaccone, Le potenzialità della democrazia partecipativa in materia climatico-ambientale: considerazioni a partire dall’esperienza andina ed europea, in DPCE Online, 4/2024, pp. 2341-2373 – disponibile all’indirizzo: https://www.dpceonline.it/index.php/dpceonline/article/view/2408/2612
Educational objectives
The course aims at providing students with the tools useful to understand constitutional law in a comparative perspective, with particular reference to the topics identified in the "contents" section. These skills are crucial for contemporary lawyers who wish to operate both at the European and international level and within his own internal legal system. A distinctive aspect of the teaching program is dedicated to the implications of climate change on constitutionalism, as part of the first year of the Jean Monnet Teaching Module “Participatory Legal Instruments for Climate Neutral and Smart Cities (ECO-PoLeIS - Project: 101176263).”
Prerequisites
In order to understand the topics addressed during the course, students must first have a general knowledge of public and constitutional law.
Teaching methods
The prevailing teaching method involves classroom lectures with the use of slides. In-depth seminars are also planned with the involvement of scholars from other Italian and international universities.
Other information
Prof. Locchi and Dr. Jacopo Paffarini are available to attending students, before and after class, for requests for clarification and information. Maria Chiara Locchi receives students in room no. 39 of the Law Department every Monday from 11:00 to 13:00. Jacopo Paffarini receives students in room no. 39 of the Law Department every Wednesday from 11:00 to 13:00 It is, in any case, possible to arrange an appointment by contacting Prof. Locchi by email: maria.locchi@unipg.it or Dr. Jacopo Paffarini by email: j.paffarini@gmail.com
Learning verification modality
The exam includes a final oral test, both for attending and non-attending students, which consists of a discussion-colloquium relating to the topics covered in the reference texts. For attending students, participation in (group or individual) classroom presentations related to specific texts provided by the teacher will be considered for the purposes of the final exam. The test is designed to ascertain students' level of knowledge, comprehension and synthesis skills, as well as their ability to properly communicate the contents acquired. The duration of the exam and the number of questions asked by the teacher vary depending on the progress of the test. For information on support services for students with disabilities and/or DSA visit http://www.unipg.it/disabilita-e-dsa
Extended program
In its General Part, the course introduces the notion of comparative public law, focusing on comparison's different methodological approaches and (theoretical and practical) functions. The following topics will be addressed: - criteria for legal systems' classifications: legal Families and sources of law. - Constitution and constitutionalism: the concept of constitutionalism; the evolution of the concept and content of constitutions; Constitutions of the post-World War II period; Formal Constitution and Material Constitution; Flexible Constitutions and Rigid Constitutions; constitutional revision and other dynamics of the Constitution; - Forms of State: the criteria for classifying the forms of State; - Type of State: Federal State and Regional State, Confederation of States, etc.; - Forms of government: the relationship between Forms of government and Forms of State; ancient and modern criteria for classifying the Forms of Government; extra-legal factors that influence the forms of Government: electoral systems and party systems; - Comparative constitutional justice: origins and evolution of constitutional justice systems; models of constitutional justice; the peculiarities of constitutional justice in some “exemplary” legal systems. In its Special Section, the course explores the implications of climate change on constitutionalism, with particular attention to citizens’ participation in political decision-making. Taking inspiration from the increasing number of so-called climate citizens’ assemblies, the course aims to critically examine: - the legal foundations of European climate policies and the scope for action by local governments in implementing climate neutrality goals; - the dimensions of vertical and horizontal subsidiarity in relation to climate issues and their impact on democracy; - the challenges related to coordination and potential conflict with central government.
Obiettivi Agenda 2030 per lo sviluppo sostenibile
Goal 4: Quality education; goal 16: peace, justice and strong institutions; goal 13: Climate Action.

COMPARATIVE PUBLIC LAW

Code A000772
Location PERUGIA
CFU 6
Teacher Maria Chiara Locchi
Learning activities Caratterizzante
Area Discipline giuridiche d'impresa e settoriali
Sector IUS/21
Type of study-unit Obbligatorio (Required)

COMPARATIVE PUBLIC LAW

Code A000772
Location PERUGIA
CFU 3
Teacher Maria Chiara Locchi
Learning activities Caratterizzante
Area Discipline giuridiche d'impresa e settoriali
Sector IUS/21
Type of study-unit Obbligatorio (Required)
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