COMPARATIVE PUBLIC LAW

The basic comparative legal taxonomies will enable students to single out differences and similarities among the main western legal constitutional models and some MENA legal constitutional frameworks.

The course is based on lectures. Some presentations by students will be arranged throughout the course.

The aim of the course is to provide students with basic tools of legal comparative method as applied to public law, with a specific focus on constitutions and constitutionalism. Students will cope with the conceptual trajectories of global constitutionalism as well as with the taxonomy of Transnational Constitutionalism, and their repercussions on some North-African legal systems which experienced “constitutional transitions”. In the first part of the course, attention will be devoted to the basic constituents of the European and North-American Constitutionalism. In the second one, some examples of constitutional transitions will be discussed. The survey will emphasize some political and legal features common to these transitions, such as those related to the overcoming of the status of colony, on the one hand, and the relinquishment of some characters typical to the authoritarian political regime, on the other.

1) D.GRIMM, Constitutionalism. Past, present, and future, OUP, 2015, pp. 3-37, 41-89; 2) selected entries of the Oxford handbook of Comparative Constitutional law, OUP, 2012; 3) other materials provided during the course.