Comparative Analysis of the Sources of Law


    Anno Accademico

    Docente: Passaglia Paolo, Sperti Angioletta

    Aim and objectives of the course

    The aim of the course is to provide the students with an introduction to the study of the sources of law system in a comparative perspective.
    The course is divided into two modules and the classes will be held through the discussion of judicial cases and law review articles.
    The first module, held by Prof. A. Sperti, will focus on the Constitution and the statute law. In particular it will analyse the notion of “constitution”, the functions of national constitutions and issues concerning constitutional amending and evolutionary interpretation of constitutional norms.  Furthermore, the module will focus on the concept of “rule of law” and will provide a general overview of issues concerning the interpretation of statute law in different systems.
    The second module, held by Prof. P. Passaglia, will focus on the case law. A comparison between civil law and common law countries will be carried out through the analysis of some landmark judgements of supreme and constitutional courts, concerning the doctrine of precedent, the statutory construction and the legitimacy of the judiciary.
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    Material
    Prof. Passaglia and Prof. Sperti will make all the material for the preparation of the exam available on the Moodle e-learning platform (http://polo4.elearning.unipi.it). In order to download the materials, students should be signed up for the two modules.

    Suggested prerequisites
    Prof. Passaglia and Prof. Sperti advice students to pass the exam of “Sistemi giuridici comparati” before taking the course. Furthermore, class attendance is highly recommended in order to take the exam.