Ateneo - UPO

Building on the concepts learnt in constitutional law courses, this course develops and explores these concepts from a comparative perspective, with the aim of moving beyond a ‘democratic’ line of reasoning (see Pegoraro, Rinella, Constitutional Systems, Introduction), which is based on projecting these concepts into the rest of the world. By examining individual issues in comparison with the various models presented by the comparative landscape – without limiting ourselves to the major Western democracies – it aims to spot areas of interest that are relevant to the study and which open up new avenues of interpretation for the development of legal categories. With this in mind, following an analysis of the comparative method – which serves the formulation of the issues – the main key categories of constitutional law will be examined from a comparative perspective, ranging from the sources of law to legal families, and from forms of State and government to constitutional guarantees.

L. Pegoraro, A. Rinella, Sistemi costituzionali, III ediz., Torino, Giappichelli, 2026.

The course aims to provide students with an understanding of the main categories of constitutional law from a comparative perspective. In order to ensure the comprehensive training of legal professionals and political scientists, it is necessary to be familiar with models different from the domestic one, not least for the purposes of studying other subjects on the programme. The aim is to conduct the study by moving beyond a ‘colonial’ view of comparative law, based on the superiority of the Western model over others. The aim of the study as a whole is to demonstrate that there is no single superior legal culture and that only a pluralistic perspective is capable of capturing the specific characteristics of individual issues. In particular, it will be useful in this context to analyse the meanings of the category ‘fundamental rights’ and the implications this entails in the various models.

In order to develop a line of reasoning in comparative law, it is necessary to have a grasp of the general concepts of public law (the State, the Constitution, fundamental rights) and supranational law (with regard to both the European Union and the Council of Europe system). It is also essential to have a clear understanding of the key developments in modern and contemporary history, from the liberal revolutions to the present day.

The teacher favours an interactive approach with students, aimed at building a conceptual understanding of the course topics, building on their existing knowledge. Students will be encouraged to practise their skills in reading and understanding judicial decisions, public speaking and reasoned discussion.

Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the teacher in charge of the course to define the examination modalities, concerning academic aspects.

To verify the knowledge acquired, the following options are available:

- Attending students
Attending students may sit an interim written examination at the end of the first module, consisting of two open-ended questions, and a final written examination, also consisting of two open-ended questions. The final mark will be determined by the average of the results of the two examinations.
Alternatively, students may sit a final oral examination covering the entire syllabus.

Non-attending students:
The final examination is oral.

The course will explore the following broad areas: 1) the comparative method; 2) legal families and forms of State; 3) constitutional doctrines; 4) the constitution; 5) sources of law; 6) rights and freedoms, duties and responsibilities; 7) the type of State: territorial organisation and multi-national states; 8) forms of government and party systems; 9) the organisation of the State; 10) constitutional guarantees and the protection of the constitution.

By the end of the course, it is expected that students will have acquired an adequate level of knowledge and understanding of the subject matter in its entirety, demonstrating a command of specialist terminology and the ability to reinterpret concepts in an original way, as well as the ability to navigate skilfully through the comparative analysis of the issues addressed. Students are expected to be able to apply the knowledge they have acquired to study and analyse legal cases by means of an oral presentation.