Derived from
|
20110097 Introduction to comparative legal systems(Introduzione ai sistemi giuridici comparati) in Law LMG/01 ZENO ZENCOVICH VINCENZO
(syllabus)
Course description: The course cuts across traditional – and by now outdated – divisions between public law and private law, between substantive law and procedural law, and between the so-called civil law/common law divide. The course is focused on the Western Legal Tradition and explains the pitfalls of comparisons with non-Western systems. The course is divided in eight modules with the following content I MODULE: DEMOCRATIC SYSTEMS US presidentialism. - British parliamentarism. - Semi-presidential models. - EU concentration of powers. – Electoral systems.
II MODULE: VALUES Constitutionalism. - Bill of rights, fundamental rights, human rights. - Constitutional adjudication. - Rule of law. - Universalism vs Relativism. - The religious factor
III MODULE: GOVERNMENT The structure of Government. - Administration. - “Independent Agencies”. - Public participation in administrative procedures. - Judicial control over Government
IV MODULE: THE ECONOMIC DIMENSION Private autonomy. - Legal entities. – Insolvency. – Regulation. - State aid
V MODULE: THE “WELFARE STATE” Taxation. - Social services. - Labour relations and legislation
VI MODULE: REPRESSION OF CRIMES Substantive law vs. Procedural law. - What is a crime? - Who establishes crimes? – Sanctions. - Investigation, prosecution, trial. - Offenders and victims
VII MODULE: JUDGES AND JURISDICTION Status of judges. - Judicial organization. - Rules of procedure. - Judicial power. - Legal education. - Judges and/as literature
VIII MODULE: MODELS FOR A GLOBALIZED WORLD International conventions. - Uniform laws. - Lex Mercatoria. - International institutions. – Comparative international law.
Course Learning Activities The course consists of lectures on the main aspects of a legal system. Each module will be supported by seminar on specific topics, using legal material (legislation, decisions, statistical data, legal writings).
(reference books)
V. ZENO-ZENCOVICH, Comparative legal systems. A short introduction, Roma TrE-Press, 2017 (volume in open access downloadable form the Roma TrE-Press website)
|