Spring semester 2019/2020
The course cuts across traditional – and by now outdated – divisions between public law and private law, between substantive law and procedural law, and between the so-called civil law/common law divide.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 nine 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.
IX module: The Brexit SAGA Constitutional referenda
The Government-Parliament tug-of-war – The UK/EU Negotiations – In search of a parliamentary majority – The constitutional and administrative consequences of Brexit – The economic effects of Brexit
Vincenzo Zeno- Zencovich is full professor of Comparative Law and Director of the “Studying Law at Roma Tre” programme. He has received degrees in Political Sciences and in Law from the University of Rome La Sapienza and has completed his education in the USA (Harvard Law School) and in England (Cambridge University). After having taught in the Universities of Genoa, Sassari and Cagliari, since 1999 he is on the faculty of the Law Department of the University of Roma Tre, where he teaches also EU Transport Law. He has been visiting professor in the University of Oxford and at University College London and in other US and European universities. From 2012 to 2015 he has been Rector of the Rome University for International Studies (UNINT) He is, since 2013, Chairman of the Italian Association of Comparative Law (AIDC).