Module Identifier LA39110  
Module Title COMPARATIVE PUBLIC LAW  
Academic Year 2006/2007  
Co-ordinator Dr Catherine Dupre  
Semester Semester 1  
Other staff Mr Marco Odello  
Mutually Exclusive LA36520  
Course delivery Lecture   16 Hours. Two one hour lectures per week  
  Seminars / Tutorials   3 Hours. Three one hour seminars per week.  
Assessment
Assessment TypeAssessment Length/DetailsProportion
Semester Exam1.5 Hours One 1.5 hour examination, open book  100%
Supplementary Exam One 1.5 hour examination, open book   
Professional Exemptions Not Required for Professional Purposes  

Learning outcomes

On completion of this module, students should be able to.
1. Demonstrate some familiarity with the studied legal systems;
2. Be able to compare some aspects of written constitutions;
3. Critically reflect of some key public law issues;
4. Identify some of the possible comparative approaches and illustrate them;
5. For Law and Language students only: develop some familiarity with legal terminology in the studied foreign language.

Brief description

This module invites students to learn about some key aspects of Public Law in other European systems (Belgium, France, Germany and Spain). On the basis of the chosen examples students are invited to engage in the process of legal comparison and to reflect on its implications. The course is research based and introduces students to some of the cutting edge debates in relation to the use of comparative law, with particular focus on the process of europeanisation of law.

Content

Comparing Public Law : How and why to compare?

Comparing constitutions: Key features and functions of written constitutions, making sense of written constitutions while being aware of wider political background; distinguishing and grouping them constitutions; developing critical analysis with the help of comparison of foreign, as well as, of own constitution.

Comparing institutions: Focused study of a specific institution (e.g. constitutional courts, or prime minister, president), how to design an institution on the basis of comparison. The choice of the institution may vary, depending on legal developments and teaching team.

Comparative law in the 21st century: Critical reflection of use of comparative materials in judicial reasoning and for law reforms; discussion of the processes of globalization, europeanisation and importation of law.

Aims

The module provides students with the possibility to engage in the process of legal comparision, to develop their understanding of some aspects studied in other courses (such as Constitutional Law or European Law) and to deal with complex legal issues. Moreover, this course obviously raises students┬┐ awareness about the existence of different legal systems. It encourages open-mindedness and curiosity towards other legal systems and ways of addressing legal issues.

Notes

This module is at CQFW Level 6