law

The course will be divided into four parts: 1) introduction to constitutional comparison, in the light of the relation between law, history and culture; 2) introduction to constitutionalism 3) Government 4) Fundamental Rights

The exam of constitutional law is preliminary. Good knowledge of public and private law, jurisprudence and history of law is required. Attending other courses of comparative law is recommended.

- Textbook: G. Morbidelli – M. Volpi – G. Cerrina Feroni, Diritto costituzionale comparato, Torino, Giappichelli, 2024 or A. Di Giovine – A. Algostino – F. Longo – A. Mastromarino, Lezioni di diritto costituzionale comparato, Firenze, Le Monnier, 2017 And - P. Ridola, Il principio libertà nello stato costituzionale, Torino, Giappichelli, 2018 Further materials will be provided during the course through the e-learning platform. Individual learning paths and insights – such as the study of a non-Italian textbook, as well as the study of classical texts – can be discussed and arranged with the teacher.

Attendance is not compulsory, but it gives the opportunity to prepare for the exam on the program reserved for attending students and, consistent with organizational needs, the opportunity to take an intermediate written test.

Oral exam. For attending students only, a final writtent test will be provided. Workshop in class might be organized, according to the number of attending students.

Recommended readings: L. Elia, Costituzione, partiti, istituzioni, Bologna, Il Mulino, 2009; C. Mortati, Le forme di governo, Padova, CEDAM, 1973; A. A. Cervati, Per uno studio comparativo del diritto costituzionale, Torino, Giappichelli, 2009; P. Häberle, Per una dottrina della Costituzione come scienza della cultura, Roma, Carocci, 1998; Id., voce Stato costituzionale, in Enciclopedia giuridica; M. Galizia, Diritto costituzionale (profili storici) e Fiducia parlamentare, both in Enciclopedia del Diritto; P. Legrand, Le droit comparé, Parigi, PUF, 1999; G. Frankenberg, Comparative Law as Critique, Northampton, Edward Elgar, 2019; P. Glenn, Tradizioni giuridiche del mondo, Bologna, Il Mulino, 2011; N: Matteucci, Organizzazione del potere e libertà, Bologna, Il Mulino, 2016; S. Ragone - G. Smorto, Il primo libro di diritto comparato, Torino, Einaudi, 2025.

Lectures; Workshops.

The course will be divided into four parts: 1) introduction to constitutional comparison, in the light of the relation between law, history and culture; 2) introduction to constitutionalism 3) Government 4) Fundamental Rights

The exam of constitutional law is preliminary. Good knowledge of public and private law, jurisprudence and history of law is required. Attending other courses of comparative law is recommended.

- Textbook: G. Morbidelli – M. Volpi – G. Cerrina Feroni, Diritto costituzionale comparato, Torino, Giappichelli, 2024 or A. Di Giovine – A. Algostino – F. Longo – A. Mastromarino, Lezioni di diritto costituzionale comparato, Firenze, Le Monnier, 2017 And - P. Ridola, Il principio libertà nello stato costituzionale, Torino, Giappichelli, 2018 Further materials will be provided during the course through the e-learning platform. Individual learning paths and insights – such as the study of a non-Italian textbook, as well as the study of classical texts – can be discussed and arranged with the teacher.

Attendance is not compulsory, but it gives the opportunity to prepare for the exam on the program reserved for attending students and, consistent with organizational needs, the opportunity to take an intermediate written test.

Oral exam. For attending students only, a final writtent test will be provided. Workshop in class might be organized, according to the number of attending students.

Recommended readings: L. Elia, Costituzione, partiti, istituzioni, Bologna, Il Mulino, 2009; C. Mortati, Le forme di governo, Padova, CEDAM, 1973; A. A. Cervati, Per uno studio comparativo del diritto costituzionale, Torino, Giappichelli, 2009; P. Häberle, Per una dottrina della Costituzione come scienza della cultura, Roma, Carocci, 1998; Id., voce Stato costituzionale, in Enciclopedia giuridica; M. Galizia, Diritto costituzionale (profili storici) e Fiducia parlamentare, both in Enciclopedia del Diritto; P. Legrand, Le droit comparé, Parigi, PUF, 1999; G. Frankenberg, Comparative Law as Critique, Northampton, Edward Elgar, 2019; P. Glenn, Tradizioni giuridiche del mondo, Bologna, Il Mulino, 2011; N: Matteucci, Organizzazione del potere e libertà, Bologna, Il Mulino, 2016; S. Ragone - G. Smorto, Il primo libro di diritto comparato, Torino, Einaudi, 2025.

Lectures; Workshops.

The course explores some of the key themes of comparative public law and is divided into three sections. The first part addresses key approaches to comparative methodology, paying particular attention to comparison in constitutional law. The approach focusing on constitutional cultures will be emphasised. Legal traditions will be contextualised from a non-ethnocentric perspective, focusing on mutual communication between traditions. This section of the course will also examine the historical and comparative meaning of the doctrine of constitutionalism, highlighting the key issues surrounding the use of this concept in the context of globalisation and deglobalisation processes within Western and non-Western political and cultural spheres. The second part of the lectures will investigate constitution-making and forms of government and their relationship with constitutional justice. A comparative constitutional history perspective will be emphasised throughout. Regarding forms of government, the complex issue of classification will be considered, as well as the concrete structures and individual institutions that inform the relationships between constitutional powers and bodies. A specific investigation will focus on the constitutional systems of the United Kingdom, the United States, France and Germany, as well as the 'laboratory' of the Weimar Republic. Students will be invited to present specific insights on recent issues affecting the stability of democratic and governmental structures in polarised political systems, with a particular focus on Brexit, the Trump presidency, the evolution of French semi-presidentialism, Germany's so-called 'militant democracy', and illiberal democracies in Hungary and Poland. The third part of the course will examine issues relating to the protection of fundamental rights through a historical approach to constitutional comparison. The concepts of rights throughout the modern age and the liberal and democratic experiences, as well as the main underlying dilemmas, will be analysed. Particular attention will be given to the protection of fundamental rights in pluralist democratic systems, with a focus on the evolution of the concept of the rule of law, the relationship between freedom and equality, and the multidimensionality of rights. Balances and trade-offs will be highlighted, with particular regard to the specificities of different constitutional cultures. Further in-depth studies chosen by the students will focus on environmental protection, particularly climate litigation, freedom of expression online, content moderation and issues concerning women's freedom.

Exam of Institutions of Public Law. Knowledge of constitutional history and foreign languages may help.

If the student chooses texts in a language other than Italian, they may study one of the following: M. Rosenfeld, A. Sajo, The Oxford Handbook of Comparative Constitutional Law, OUP, 2013; M. Tushnet, T. Fleiner, Routledge Handbook of Constitutional Law, Routledge, 2013; T. Ginsburg, R. Dixon, Comparative Constitutional Law, Elgar, 2013; N. Dorsen et. al. (eds.), Comparative Constitutionalism. Cases and Materials, West, 2016; R. Masterman, R. Schütze, The Cambridge Companion to Comparative Constitutional Law, CUP, 2019; S. Choudhry, M. Hailbronner, M. Kumm (eds.), Global Canons in an Age of Contestation, Cambridge, CUP, 2024; B. Ackerman, Revolutionary Constitutions. Charismatic Leadership and the Rule of Law, Belknap, 2019; M.C. Ponthoreau, Droit(s) constitutionnel(s) comparé(s), 2. ed. Economica, 2021; P. Lauvaux, A. Le Divellec, Les grandes démocraties contemporaines, 4a ed., PUF, 2015; A. Weber, Europäische Verfassungsvergleichung, Beck, 2010; P. Häberle, Europäische Verfassungslehre, 8a ed., Nomos, 2016.

In presence

Final oral examination; intermediate written pre-examination for students who attend the course. The aim of the exam is to assess students' study and reasoning skills and to compare different constitutional cultures. The intermediate examination accounts for 50 to 75% of the final examination assessment. Possibility of giving a PowerPoint presentation during the course.

Traditional lecture and interaction with students; some lectures dedicated to students' presentations on single issues; on-line support for further teaching material

The course explores some of the key themes of comparative public law and is divided into three sections. The first part addresses key approaches to comparative methodology, paying particular attention to comparison in constitutional law. The approach focusing on constitutional cultures will be emphasised. Legal traditions will be contextualised from a non-ethnocentric perspective, focusing on mutual communication between traditions. This section of the course will also examine the historical and comparative meaning of the doctrine of constitutionalism, highlighting the key issues surrounding the use of this concept in the context of globalisation and deglobalisation processes within Western and non-Western political and cultural spheres. The second part of the lectures will investigate constitution-making and forms of government and their relationship with constitutional justice. A comparative constitutional history perspective will be emphasised throughout. Regarding forms of government, the complex issue of classification will be considered, as well as the concrete structures and individual institutions that inform the relationships between constitutional powers and bodies. A specific investigation will focus on the constitutional systems of the United Kingdom, the United States, France and Germany, as well as the 'laboratory' of the Weimar Republic. Students will be invited to present specific insights on recent issues affecting the stability of democratic and governmental structures in polarised political systems, with a particular focus on Brexit, the Trump presidency, the evolution of French semi-presidentialism, Germany's so-called 'militant democracy', and illiberal democracies in Hungary and Poland. The third part of the course will examine issues relating to the protection of fundamental rights through a historical approach to constitutional comparison. The concepts of rights throughout the modern age and the liberal and democratic experiences, as well as the main underlying dilemmas, will be analysed. Particular attention will be given to the protection of fundamental rights in pluralist democratic systems, with a focus on the evolution of the concept of the rule of law, the relationship between freedom and equality, and the multidimensionality of rights. Balances and trade-offs will be highlighted, with particular regard to the specificities of different constitutional cultures. Further in-depth studies chosen by the students will focus on environmental protection, particularly climate litigation, freedom of expression online, content moderation and issues concerning women's freedom.

Exam of Institutions of Public Law. Knowledge of constitutional history and foreign languages may help.

If the student chooses texts in a language other than Italian, they may study one of the following: M. Rosenfeld, A. Sajo, The Oxford Handbook of Comparative Constitutional Law, OUP, 2013; M. Tushnet, T. Fleiner, Routledge Handbook of Constitutional Law, Routledge, 2013; T. Ginsburg, R. Dixon, Comparative Constitutional Law, Elgar, 2013; N. Dorsen et. al. (eds.), Comparative Constitutionalism. Cases and Materials, West, 2016; R. Masterman, R. Schütze, The Cambridge Companion to Comparative Constitutional Law, CUP, 2019; S. Choudhry, M. Hailbronner, M. Kumm (eds.), Global Canons in an Age of Contestation, Cambridge, CUP, 2024; B. Ackerman, Revolutionary Constitutions. Charismatic Leadership and the Rule of Law, Belknap, 2019; M.C. Ponthoreau, Droit(s) constitutionnel(s) comparé(s), 2. ed. Economica, 2021; P. Lauvaux, A. Le Divellec, Les grandes démocraties contemporaines, 4a ed., PUF, 2015; A. Weber, Europäische Verfassungsvergleichung, Beck, 2010; P. Häberle, Europäische Verfassungslehre, 8a ed., Nomos, 2016.

In presence

Final oral examination; intermediate written pre-examination for students who attend the course. The aim of the exam is to assess students' study and reasoning skills and to compare different constitutional cultures. The intermediate examination accounts for 50 to 75% of the final examination assessment. Possibility of giving a PowerPoint presentation during the course.

Traditional lecture and interaction with students; some lectures dedicated to students' presentations on single issues; on-line support for further teaching material