Università Roma Tre

The course is intended to illustrate, through the direct examination of the sources of law and doctrine of the legal science in modern and contemporary Europe, the rationale of the constitutionalism in its legislative development during XVIII and XIX centuries with particular reference to France, Germany and Italy.

Particular attention will be dedicated to the evolution of English constitutionalism, which deals with different theoretical and practical profiles with respect to those relating to French, German and Italian constitution experiences.

It will be indeed to explain that English legal system was not involved to problems characterising other Countries in Europe further to the exit from the Ancient Regime through the introduction of the “sole subject of the law” and through the development of the State as legislator and its personification.

It will be further highlighted that the English legal system during the first half of the XIX century, based on the complex and articulated common law system, was not influenced by the theory of Sovereign State arising from French Revolution nor by the pushing to the need of the drafting of a written constitution.

A predominant part of the course will be dedicated to the development of the concept of State in the legal culture in Europe during ‘800 and ‘900, during the transition from its liberal approach to the totalitarian or almost totalitarian ones.

The theoretical reasons of such evolution of the concept of State will be further exanimated on the basis of the ideas of the most recent European Doctrine with reference to the matter of the rule of law (and to the connected matter of the legal formalism), citizenship and political representation.

For attendees students- in addition to the study of the notes – the following books are suggested: Tempi del diritto: età medievale, moderna, contemporanea, a cura di ELIO TAVILLA, Torino, Giappichelli, 2016, CAP. VI (pp. 271-318); MAURIZIO FIORAVANTI, Appunti di storia delle costituzioni moderne: le libertà fondamentali, III, Giappichelli, Torino 2014.

For non-attendees students the following books are suggested: M. CARAVALE, Storia del diritto nell’Europa moderna e contemporanea, Editori Laterza, Roma-Bari, 2012, cap. IV, V, VI; P. ALVAZZI DEL FRATE, Il costituzionalismo moderno. Appunti e fonti di storia del diritto pubblico, Giappichelli Editore, Torino 2007.